| Marshall Dennehey

When credibility issues may impact the determination of material facts, summary judgment is not appropriate.

April 1, 2020

The Third District Court of Appeal held that the trial court erred in entering summary judgment for the defendant, a tire store, whose employee serviced a tire Case Law Alerts, 2nd Quarter, April 2020 is prepared

First Department issues two decisions on prior injuries and discovery.

New York

General Liability

April 1, 2020

In two recent decisions, the First Department clarified discovery on prior or related injuries.

Automobile insurance policy provisions requiring a first-party inured to undergo an IME in order to seek first party benefits is against public policy, absent a court order.

King of Prussia

Automobile Liability

April 1, 2020

All Pennsylvania automobile insurers are required to provide a minimum medical benefit of $5,000. Case Law Alerts, 2nd Quarter, April 2020 is prepared

Pennsylvania Superior Court rules that credentialing files are not privileged.

King of Prussia

Health Care Liability

April 1, 2020

In considering Dr. Petraglia’s application to its medical staff, St. Case Law Alerts, 2nd Quarter, April 2020 is prepared

Employer may be required to provide temporary accommodation to disabled employee even if the the employee can’t perform all of the essential functions of their position.

Mount Laurel

Employment Law

April 1, 2020

The plaintiff, a female police officer, brought a claim against her employer under the New Jersey Pregnant Workers Fairness Act. Case Law Alerts, 2nd Quarter, April 2020 is prepared

New Jersey Federal Court standard for approval of FLSA settlement.

Mount Laurel

Employment Law

April 1, 2020

The plaintiffs brought a collective action under both the FLSA and the NJWHL, alleging that they were forced to “work off-the clock.” After extensive litigatio Case Law Alerts, 2nd Quarter, April 2020 is prepared

Qualified immunity can protect an employer who provides a negative reference in response to an inquiry from a prospective employer.

Mount Laurel

Employment Law

April 1, 2020

The plaintiff’s conditional offer of employment with the Department of Veteran Affairs was revoked when it was notified by Community Hospital Group that the pl Case Law Alerts, 2nd Quarter, April 2020 is prepared

Claim of “garden variety” emotional distress damages doesn’t warrant defense medical evaluation.

Mount Laurel

Employment Law

April 1, 2020

The plaintiff sued various health care providers, alleging they refused to perform a hysterectomy—which was being sought for gender reassignment purposes—for d Case Law Alerts, 2nd Quarter, April 2020 is prepared

Claims under the Insurance Fraud Prevention Act cannot be supported by generalized, abstract grievances shared by a large number of similarly situated people.

Mount Laurel

Fraud/Special Investigation

April 12, 2020

Allstate Insurance Company, the State of New Jersey, Office of the New Jersey Attorney General, Office of the Commissioner of the New Jersey Department of Bank Case Law Alerts, 2nd Quarter, April 2020 is prepared

Marshall Dennehey attorneys successfully litigate complex asbestos case – non-suit obtained.

March 26, 2020

Kevin Hexstall and Mohamed Bakry (Philadelphia) successfully litigated a complex asbestos case, obtaining a non-suit on behalf of their client, a manufacturer of asbestos-containing building materials. The case involved a deceased 71-year-old mesothelioma plaintiff. There was an initial seven-figure dollar demand from plaintiff’s counsel. The lawsuit alleged the plaintiff was exposed to asbestos when employed as a construction product salesman from 1967 to 1972.

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