Pennsylvania Supreme Court: Mental Health Facilities May Be Liable for Gross Negligence in Denying Voluntary Admission

An individual with an extensive mental health history sought admission to two different mental health facilities for inpatient psychiatric care. However, both facilities denied his request. Shortly after, he killed his girlfriend. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia County, which found that CHOP had undertaken and provided health care services to a minor decedent and, therefore, owed him a duty of car Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an elder care facility. The plaintiff filed suit for negligence only. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when more advanced technology exists on the market but is not in the subject product. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

New York Court Reaffirms Internal Affairs Doctrine, Denies Standing in Derivative Suit Against English Corporation

“Few principles are more firmly entrenched in corporate law than the internal affairs doctrine, a choice-of-law rule providing that, with rare exception, the substantive law of the place of incorporation governs disputes relating to the rights and Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial, finding that the trial court did not err in providing a Mockler instruction to the jury in this Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appellate Court Affirms Wrongful Death Verdict, Upholds Damages for Pre-Impact Terror, Pain and Suffering, and Economic Loss

On appeal, the Supreme Court of New York, Appellate Division affirmed a trial court’s decision to deny the defendant’s motion to set aside the verdict in a wrongful death case.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appellate Court Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute

On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because the record demonstrated that there is a legitimate issue of fact regarding liability between th Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.