It is the disability, not the disease, that determines compensability.
Successful defense of high-stakes workers’ compensation case.
We successfully defended a workers’ compensation case that was transferred from the insurance carrier’s staff counsel after litigation and motion practice. After a settlement offer in excess of $16 million was rejected, the case went to trial. At trial, we were able to prove that an uninsured subcontractor was hired by the general contractor, who was the actual employer of the injured worker. Under New Jersey Law, this means that the general contractor is responsible for the workers' compensation benefits for the petitioner.
Workers’ compensation defense verdict for a prominent health care system.
The petitioner filed a motion for additional medical and temporary disability benefits, essentially alleging she was permanently and totally disabled from prior compensable shoulder and leg injuries. After a three-day trial and extensive briefing, the judge dismissed the motion. He determined that, despite the compensable injuries, the petitioner had plateaued medically and was not entitled to any further benefits.
Defense verdict for school district.
We obtained a defense verdict after a one-week trial in the U.S. District Court for the Eastern District of Pennsylvania. The case involved alleged race, gender and/or “intersectional” (race and gender) discrimination claims by two women against a Philadelphia area school district.
Summary judgment on behalf of a local municipality and police sergeant.
The plaintiff’s wife reported to police that the plaintiff tried to kill her by firing a shotgun at her while she slept. Following a thorough investigation and witness interviews, police arrested the plaintiff and charged him with attempted murder. The next day, the wife recanted her story and told police that she was the one who fired a shotgun in the couple’s home in an effort to frame her husband for attempted murder. Police immediately had the plaintiff released from prison. The wife was later charged with, and pleaded guilty to, making false statements to authorities.
Dismissal of $10 million tortious interference and defamation case against attorney.
Marshall Dennehey successfully argued pre-trial motions to dismiss in the Superior Court of New Jersey, Camden County in a matter involving a $10 million tortious interference and defamation case filed on behalf of investors against an attorney and bank counsel arising out of a multi-million dollar loan for a commercial land transaction. The allegations against the attorney included slander and a claim for tortious interference, with prospective economic advantage for a contract that the plaintiff entered into with the investor.
Dismissal of all claims against attorney in a consumer rights lawsuit.
The plaintiff was named as a defendant in a debt collection action for failing to pay her attorney’s legal bills. Judgment was entered against her but never fully enforced. More than five years later, our client filed a Praecipe to Issue Writ of Revival and then mistakenly filed a Praecipe for Writ of Execution before the judgment was revived by the court.
$10 million wrongful death award reversed.
Marshall Dennehey succeeded in having the Pennsylvania Superior Court reverse, as excessive, a $10 million wrongful death award. The jury had also awarded $10 million in survival damages, but that award was reversed in post-trial motions.
Appellate success in campground negligence lawsuit.
We obtained a per curiam affirmance in the Fourth District Court of Appeal in a suit against a campground/RV park. The suit alleged that the campground negligently maintained the campsite and failed to keep the electrical up to code, forcing an RV owner to abandon her RV at the site. The campground countersued for writ of distress to remove the unsightly vehicle from the campsite. The trial court entered judgment on the pleadings and declined to amend the complaint, finding an amendment would be futile.