| Marshall Dennehey

Discrete adverse employment actions cannot be aggregated to claim a continuing violation under CEPA.

January 11, 2021

The plaintiff retired from his position as a State Trooper and thereafter filed a whistleblower (CEPA) claim alleging that certain employment actions were in ret Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Ohio appellate court finds expert testimony may not be necessary to prove claim against an insurance agent.

Cleveland

Insurance Agents & Brokers Liability

January 11, 2021

The Ohio Seventh District Court of Appeals reversed summary judgment in favor of an insurance agent and found that there was an issue of fact as Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Delayed service is entirely inconsistent with the accelerated nature of a prerogative writs action.

Roseland

Architectural, Engineering & Construction Defect Litigation

January 11, 2021

This matter involved a prerogative writ action, challenging a construction board of appeals’ decision affirming the issuance of a notice of unsa

Florida’s Fourth Circuit continues trend requiring apportionment of damages in construction cases.

Jacksonville

Architectural, Engineering & Construction Defect Litigation

January 11, 2021

The Court of Appeals rejected the arguments of the plaintiff and held the apportionment of damages by the underlying court utilizing comparative Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

The Superior Court of Pennsylvania held that the trial court abused its discretion in refusing to instruct the jury on res ipsa loquitor.

King of Prussia

Health Care Liability

January 11, 2021

The plaintiff brought a medical malpractice action against an anesthesiologist, based on the theory that the incorrect insertion of the central Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

The Superior Court of Pennsylvania held that a witness was qualified to testify as an expert in pharmacy practice.

King of Prussia

Health Care Liability

January 11, 2021

The plaintiff brought a medical malpractice action against healthcare providers, including a pharmacy. Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Superior Court of Pennsylvania held that affirmative misrepresentation or fraudulent concealment of conduct that allegedly led to a patient’s death will toll statute of limitations for medical malpractice claims.

King of Prussia

Health Care Liability

January 11, 2021

The case involved a wrongful death and survival action brought by the decedent’s administratrix against the decedent’s primary care physician. Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

Court of Appeal once again recognizes disparate treatment between opposing parties on discovery of expert bias and certifies question to Florida Supreme Court to seek equal application of the law on plaintiffs and defendants.

Orlando

Health Care Liability

January 11, 2021

Just as it did in its 2019 opinion in Younkin v. Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

The New Jersey Appellate Division finds the lower court judges abused their discretion by applying the judicial estoppel doctrine and incorrectly dismissed plaintiff’s claim for medical negligence.

Mount Laurel

Health Care Liability

January 11, 2021

The plaintiff appealed two orders entered by different judges that dismissed his pleadings against an endodontist where he alleged negligence, a Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

The Superior Court held that the trial court’s error in permitting plaintiff’s use of a neurology textbook to cross-examine the defendant was prejudicial.

King of Prussia

Birth & Catastrophic Injury Litigation

January 11, 2021

This medical malpractice claim involved an allegation brought by the parents of a child against health care providers for a permanent spinal cor Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte

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