Publications
Ohio Supreme Court Finds the Plain Meaning of an Immunity Exception Supersedes any Deference to the Political Subdivision
The Ohio Supreme Court overruled the holding of the Ninth District Court of Appeals and limited the understanding of a governmental entity’s immunity for property damage, resulting from a roadway defect, to the plain meaning of the statute.
Case Law Alerts, 1st Quarter, Janu
New York Appellate Division Finds that Defendant Raised Triable Issues of Fact to Defeat Summary Judgment Motion and Reversed Lower Court’s Ruling
The plaintiff alleged, while performing brickwork, the ladder he was on suddenly shook when he was about seven feet off the ground, and he fell.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty
The Superior Court of Pennsylvania reiterated, retained experts opining on the standard of care must be experts in the same practice area as the named defendants.
Case Law Alerts, 1st Quarter, Janu
Standard to Meet Gross Negligence and What Protections Are Afforded Pursuant to Pennsylvania Mental Health Procedures Act Outlined by Pennsylvania Court
The Pennsylvania Superior Court affirmed summary judgment and found that the treatment given to a patient in a mental health facility did not rise to the level of gross negligence needed to overcome the immunity provided by the Pennsylvania Mental
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Reaffirms that Medical Malpractice Claims Require Clear Evidence of Direct Link Between Health Care Provider’s Actions and Harm Suffered
The Pennsylvania Superior Court affirmed judgment in favor of the plaintiffs, finding they were able to make a causal connection between the health care provider’s actions and the harm suffered, stating the plaintiff adequately demonstrated medica
Case Law Alerts, 1st Quarter, Janu
Work Product Doctrine Does Not Apply to Claims Materials, Even if Received After Demand Letter Threatening Litigation
Ms. Long made a claim for Underinsured Motorist benefits under a policy of auto insurance that the insurer had issued to her. Her lawyer sent a demand letter to the insurer, demanding UIM policy limits to avoid litigation.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Reiterates that Single Vehicle Policies Can Be Stacked and Stacking Can Provide Benefit to Insured
The Superior Court of Pennsylvania affirmed the grant of summary judgment in favor of Nationwide by the Philadelphia Court of Common Pleas in this purported class action litigation.
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
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
New Jersey Appellate Division Holds Good Cause Standard Applies, Even with Trial Scheduled, When Discovery End Date Has Not Passed
The New Jersey Appellate Division held that the “good cause” standard of R.
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
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.