| Marshall Dennehey

Superior Court of Connecticut Denied Motion to Strike Where Decedent’s Estate Sought Uninsured Motorist Benefits

January 1, 2025

This matter involved an accident where the decedent was struck after attempting to render aid to motorists involved in a multi-car collision. Case Law Alerts, 1st Quarter, Janu

Florida’s Court of Appeals Holds a Private Employee’s Recovery for Retaliation Under Florida’s Whistleblower Act Must Be for Actual Violations of Law

Fort Lauderdale

Employment Law

January 1, 2025

The trial court granted an employer’s motion for summary judgment and ruled that, for an employee to recover for employment retaliation under Florida’s Whistleblower’s Act (section 448.102(3)) (FWA), they have to show they objected to, or refused Case Law Alerts, 1st Quarter, Janu

Fourth District Court of Appeals Holds that Reading Texts, but Not Responding, Does Not Provide Grounds for Punitive Damages

Fort Lauderdale

Automobile Liability

January 1, 2025

The defendant was driving a truck into an intersection when he allegedly struck a golf cart driven by the plaintiff. There was a dispute as to who had the green light and who hit whom. Case Law Alerts, 1st Quarter, Janu

Court Grants Motion to Entirety of Case Pending Arbitration, Finding Federal Arbitration Act Mandates Stay of All Claims, Including Non-Arbitrable Ones, When Arbitrable Claims Are Factually Intertwined and Dominate the Case

Mount Laurel

Fraud/Special Investigation

January 1, 2025

The defendants, a number of medical entities and providers, filed a motion to stay federal litigation based on New York causes of action pending the resolution of New Jersey arbitrable claims. Case Law Alerts, 1st Quarter, Janu

Florida’s District Court of Appeals Clarifies When an Assignee Can Be Awarded Attorney’s Fees and Costs

Fort Lauderdale

Insurance Services – Coverage & Bad Faith Litigation

January 1, 2025

Universal Property & Casualty Insurance Company appealed an order awarding True Builders—the assignee of Universal’s insured—attorney fees and costs for a dismissed circuit court lawsuit (the First Case) and a then filed a county court lawsuit Case Law Alerts, 1st Quarter, Janu

Defendants’ Prior Business Dealings Insufficient to Find Defendants Regularly Conducted Business in Philadelphia County at the Time Lawsuit Was Filed

Pittsburgh

General Liability

January 1, 2025

The plaintiffs sustained physical injuries from a helicopter crash in Afghanistan and commenced a civil lawsuit in Philadelphia County, Pennsylvania. Case Law Alerts, 1st Quarter, Janu

Federal District Court Held that Alcohol Consumption Evidence Was Highly Probative for Determining Plaintiff’s Life Expectancy and Damages and Was Admissible Evidence for that Limited Purpose

Pittsburgh

Premises & Retail Liability

January 1, 2025

The plaintiff moved to preclude any introduction of his history of alcohol consumption as irrelevant and prejudicial. Case Law Alerts, 1st Quarter, Janu

Pennsylvania Court Holds Summary Judgment Not Proper When Invitee Presented Evidence, Including Surveillance Video Screenshots, that Possessor Created Dangerous Condition on Its Property

Pittsburgh

Premises & Retail Liability

January 1, 2025

During the COVID-19 pandemic, the defendant-casino placed a hand-sanitizer dispenser on the side of a slot machine, above a marble pathway and through the casino floor. Case Law Alerts, 1st Quarter, Janu

Negligent Elevator Misleveling not Established by Res Ipsa Loquitur; Plaintiff’s Reliance on Expert Report Enough to Preclude Entry of Summary Judgment

Pittsburgh

General Liability

January 1, 2025

The plaintiff sustained physical injuries while pulling a heavy cart of medical supplies out of an elevator when the elevator came to a stop but the floor of the elevator was misaligned with the building floor. Case Law Alerts, 1st Quarter, Janu

Despite Undisputed Facts that Dangerous Condition Was Known and Obvious, PA District Court Held Summary Judgment Not Warranted When There Were Genuine Issues of Material Fact

Pittsburgh

Premises & Retail Liability

January 1, 2025

The plaintiff and his wife brought an action against the defendant for personal injuries the plaintiff received when he slipped and fell on a ramp while unloading a forklift from a tractor-trailer. Case Law Alerts, 1st Quarter, Janu

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