| Marshall Dennehey

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

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

New Jersey Appellate Division Holds Counsel’s Failure to Pursue Discovery in a Timely Manner Will Not Warrant Reopening Discovery

Roseland

Health Care Liability

January 1, 2025

The New Jersey Appellate Division found no exceptional circumstances to warrant reopening and extending discovery when the failure to timely complete discovery was attributable to a party’s counsel. Case Law Alerts, 1st Quarter, January 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

New Jersey Appellate Division Holds Good Cause Standard Applies, Even with Trial Scheduled, When Discovery End Date Has Not Passed

Roseland

Health Care Liability

January 1, 2025

The New Jersey Appellate Division held that the “good cause” standard of R. Case Law Alerts, 1st Quarter, Janu

New Jersey Appellate Division Holds No Duty to Third Persons at the Cost of Risk and Harm to Their Patients

Roseland

Long-Term Care Liability

January 1, 2025

The New Jersey Appellate Division has held, in the context of discharging patients from in-patient settings, physicians have a duty to their patients before third parties. Case Law Alerts, 1st Quarter, Janu

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