| Marshall Dennehey

Third-party defendants are subject to contribution claims filed against them by joint tortfeasors unless there exists a right to dismissal.

July 1, 2020

Suppose your client is facing third-party professional liability claims for contribution and common-law indemnification only from an original de Case Law Alerts, 3rd Quarter, July 202

Amazon Primed for battle over status under Section 402A.

Philadelphia - Headquarters

July 1, 2020

Seeking clarification of whether Amazon is a proper defendant under Section 402A for a strict product liability claim brought by a person injure Case Law Alerts, 3rd Quarter, July 202

Predicting what the PA Supreme Court would do, the Eastern District Court finds strict liability claim against prescription medical device manufacturer is barred.

Philadelphia - Headquarters

Product Liability

July 1, 2020

The plaintiff's doctor implanted in her a Bard G2 inferior vena cava filter—a prescription medical device—to prevent pulmonary embolism. Case Law Alerts, 3rd Quarter, July 202

A breach of warranty claim must be supported with expert testimony, but can plaintiff be his own expert?

Wilmington

Product Liability

July 1, 2020

In Delaware, a personal injury claim for breach of warranty arising from a product’s defect requires proof that the product was actually defective and that the d Case Law Alerts, 3rd Quarter, July 202

Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.

Orlando

Premises & Retail Liability

July 1, 2020

The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center. Case Law Alerts, 3rd Quarter, July 202

Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.

Wilmington

Premises & Retail Liability

July 1, 2020

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days. Case Law Alerts, 3rd Quarter, July 202

Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.

Wilmington

Premises & Retail Liability

July 1, 2020

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport. Case Law Alerts, 3rd Quarter, July 202

SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.

Mount Laurel

Maritime Litigation

July 1, 2020

The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d Case Law Alerts, 3rd Quarter, July 202

Homeowner injured in common area of a community was to be treated as licensee, not invitee.

Philadelphia - Headquarters

General Liability

July 1, 2020

The plaintiff was injured after falling on branches on steps in a common area leading to her townhouse at a mixed townhome/single-family home community known as Indian King. Case Law Alerts, 3rd Quarter, July 202

Where snow and ice maintenance responsibility is fully delegated from commercial landlord to tenant under a lease, commercial landowner is shielded from slip-and-fall liability as a matter of law.

Roseland

General Liability

July 1, 2020

The plaintiff fell on black ice in a parking lot leased by private owners to the Borough of Caldwell. Case Law Alerts, 3rd Quarter, July 202

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