Publications
District Court Holds that Reservation Over Attorney Fee Entitlement May Not Toll Statute of Limitations
It seems there is no statute of limitations on the First District Court of Appeals’ issuing opinions interpreting the actual statute of limitations under Florida’s Workers’ Compensation Act.
What’s Hot in Workers’ Comp, Vol. 29, No.
New Jersey Workers’ Compensation Legislation Update
Below are the more notable pending New Jersey workers’ compensation bills in the 2024-25 session, with 2025 updates in bold.
What’s Hot in Workers’ Comp, Vol. 29, No.
Section 305.2(c.1) Does Not Require Claimant to Prove Non-Entitlement to Benefits Before Record Closes and Imposes No Timeline for Submission
The claimant filed a Claim Petition, alleging he suffered a spine and hand fracture on March 30, 2022, after falling from a roof while working as a laborer for Joe Miller Construction Company. Joe Miller denied it was the claimant’s employer.
What’s Hot in Workers’ Comp, Vol. 29, No.
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What’s Hot in Workers’ Comp, Vol. 29, No.
Property Owner Not Liable for Injuries Caused by Unforeseeable Third-Party Vehicle Misconduct
The plaintiff, Jarvis Coleman, attended an event hosted by Via at an entertainment venue and, upon leaving the premises, was struck by a truck driven by another patron while waiting in line to exit the parking lot.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York Appellate Division Affirms Denial of Summary Judgment, Holding Emergency Doctrine Does Not Eliminate Fact Issue on Reasonableness of Defendant’s Speed in Snowstorm Collision
The plaintiff brought this action seeking damages for injuries she sustained when the vehicle she was operating was struck by the defendant’s vehicle when it was dark and snowing.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York Appellate Division Reverses, Holding Biomechanical Expert Testimony on Causation Supports Summary Judgment Dismissing Motor Vehicle Injury Claim
The plaintiff alleged that he sustained a serious injury as the result of a motor vehicle accident. The plaintiff moved for summary judgment on the issue of liability, and the defendants filed a cross-motion for summary judgment.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York Appellate Division Grants Summary Judgment, Holding Driver With Right-of-Way Not Comparatively Negligent in Police Pursuit Collision
The plaintiff brought this negligence action for damages after he sustained injuries as a passenger in a vehicle that was fleeing from police.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Trial Court Holds Plaintiff’s Amended Complaint in Motor Vehicle Injury Case Met Specificity Requirements Under Pa. R.C.P. 1028(a)(3)
The plaintiff alleged in their amended complaint that they suffered “other injuries, the extent of which is not yet known.” The defendant raised a specificity objection pursuant to Pa. R.C.P 1028(a)(3).
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Eleventh Circuit Bars Insurer’s $449K Recovery, Finding Unjust Enrichment Inapplicable Where Insurance Contract Governs
The insurer sought to recover nearly $449,000 it had paid to ophthalmologist Dr. Bernard Perez, alleging he misrepresented his disability and committed fraud.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.