| Marshall Dennehey

Transgender plaintiff in NJLAD claim is entitled to recover attorney’s fees and costs even when only equitable relief is awarded.

July 1, 2020

The plaintiff, who is transgender, alleged that he was subjected to hostile treatment during his arrest and due to his gender identity. Case Law Alerts, 3rd Quarter, July 202

Insured’s misrepresentations in the policy application could void the policy ab initio.

Cleveland

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

It has long been the law in Ohio that an insurer can only void a policy ab initio for misrepresentations in the application if the applic Case Law Alerts, 3rd Quarter, July 202

Ohio Supreme Court declines to allocate liability across multiple insurers and multiple policy periods when the injury or damage occurred at a discernible time.

Cleveland

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

Ohio has long recognized the “all sums” approach to allocation of insurance coverage for long tail claims that occur over multiple policy period Case Law Alerts, 3rd Quarter, July 202

Even where there is more than one contributing peril to a loss, coverage can be precluded if the policy expressly sets forth anti-concurrent language.

Fort Lauderdale

Insurance Services – Coverage & Bad Faith Litigation

July 1, 2020

The Third District Court of Appeal has shed light on the power of anti-concurrent language within homeowners policies of insurance. Case Law Alerts, 3rd Quarter, July 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of intere

The lead class plaintiff, especially in securities litigation context, should have a larger financial interest in the litigation and meet the requirements imposed under Fed. R. Civ. P. 23.

Mount Laurel

Securities & Investments Professional Liability

July 1, 2020

This securities class action lawsuit was filed under the Private Securities Litigation Reform Act (PSLRA) and alleged violations of the Securiti Case Law Alerts, 3rd Quarter, July 202

Pennsylvania Superior Court provides clarification on medical malpractice expert testimony.

Philadelphia - Headquarters

Health Care Liability

July 1, 2020

The plaintiff sued several medical providers, including a surgeon and his surgical practice. Case Law Alerts, 3rd Quarter, July 202

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

Mount Laurel

Health Care Liability

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

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