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Immediate Considerations for Claims Handling in Pennsylvania

Philadelphia - Headquarters
Insurance Agents & Brokers Liability
January 2, 2020
Receipt of lawsuit papers is daunting, but early action and consideration for developing a defense fr The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
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Plaintiff’s subjective feeling that employment decision was based upon race is insufficient to allow claim to proceed.

Mount Laurel
Employment Law
January 1, 2020
The defendants owned and operated a wholesale auto auction, and it was alleged that it required the plaintiff to satisfy the debt of his prior employer before Case Law Alerts, 1st Quarter, January 2020 is prepar
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Third Circuit set to decide whether a company can be retroactively deemed to have “sold” a product it never had control of.

Philadelphia - Headquarters
Appellate Advocacy & Post-Trial Practice
January 1, 2020
A panel of the the Third Circuit reversed a District Court’s conclusion that Amazon.com was not a “seller” of an allegedly defective dog collar under Section 4 Case Law Alerts, 1st Quarter, January 2020 
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It was reversible error for trial court to deny motions to strike two jurors for cause when the judge was not present during voir dire and did not personally assess their tones of voice and demeanor.

Philadelphia - Headquarters
Health Care Liability
January 1, 2020
In this medical malpractice case, three jurors expressed views during during voir dire that medical malpractice lawsuits negatively affect the cost of m Case Law Alerts, 1st Quarter, January 2020 is prepar
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The MCARE Act’s seven-year statute of repose struck down as unconstitutional under the Pennsylvania Constitution.

Philadelphia - Headquarters
Health Care Liability
January 1, 2020
While the facts of this case are disputed due to the fact that the trial court granted Case Law Alerts, 1st Quarter, January 2020 is prepar
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Regardless of its volume, health care facilities are required to provide narrative directing plaintiff to specific location in the medical record where raw factual data of an adverse medical incident is documented.

Mount Laurel
Health Care Liability
January 1, 2020
The plaintiff presented to the hospital with complaints of pain in her right leg. Case Law Alerts, 1st Quarter, January 2020 
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Allowing secondary evidence in the form of testimony of defendant’s employee.

Orlando
Premises & Retail Liability
January 1, 2020
In a slip and fall action, the Third District Court of Appeal held it was not an abuse of discretion for the trial court to allow secondary evidence, in the fo Case Law Alerts, 1st Quarter, January 2020 is prepar
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Supreme Court of Pennsylvania finds that trial court and intermediate appellate court erred in setting an accrual date for purpose of evaluating timeliness of plaintiffs’ claims.

Philadelphia - Headquarters
Product Liability
January 1, 2020
The plaintiffs were among thousands to sue Janssen Pharmaceuticals, claiming they devel Case Law Alerts, 1st Quarter, January 2020 is prepar
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Court holds that photographs can be authenticated via pictorial testimony or the silent witness method.

Orlando
Premises & Retail Liability
January 1, 2020
The plaintiff sued the City of Miami for a 2010 trip and fall on a sidewalk that had an asphalt patch 1.25 inches lower than the adjoining concrete slab. Case Law Alerts, 1st Quarter, January 2020 is prepar
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Vacant two-family home with ability to generate income not considered commercial property in sidewalk liability case.

Roseland
Premises & Retail Liability
January 1, 2020
The plaintiff fell and injured herself in front of a vacant two-family property, whose owners lived across the street, due to a sidewalk defect. Case Law Alerts, 1st Quarter, January 2020 is prepar
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