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Trial court erred in entering final summary judgment as insurer was deprived of its entitlement to due process by not receiving proper notice and a reasonable amount of time to respond.
This case involves the trial court entering a judgment that went outside the grounds of the requested summary judgment.
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Florida’s Fourth DCA certifies conflict to the Florida Supreme Court on when a jury should consider replacement cost value v. actual cash value.
The plaintiffs filed a suit due to Universal’s alleged breach of the homeowners’ insurance policy when it paid only the $10,000 policy limit for the mold damage without making any payment for the damage caused by the water leak which resulted in t
Legal Update for Florida Coverage & Property Litigation – September 2024 is prepared by Marshall Dennehey to provide information on recent legal d
Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE
Appellate Division affirms summary judgment to law firm, finding that plaintiff’s expert report was devoid of any evidence establishing the standard of care providing the benchmark for the opinions offered.
Legal Update for Lawyers’ Professional Liability – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments
Legal Updates for Lawyers’ Professional Liability – RESULTS* & THOUGHT LEADERSHIP
Lawyers’ Professional Liability RESULTS*
Josh J.T. Byrne (Philadelphia, PA):
Lawyers’ Professional Liability THOUGHT LEADERSHIP
Legal Update for Lawyers’ Professional Liability – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments
Don’t Forget Your Probable Cause Argument in Dragonetti Proceedings
Our Lawyers’ Professional Liability Practice Group in Pittsburgh has noticed a growing trend in western Pennsylvania plaintiffs’ practice concerning Wrongful Use of Civil Proceedings tort claims filed by original defendants arising from actions wi
Legal Update for Lawyers’ Professional Liability – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments
Legal Update for Special Education Law – Case Law Update
Third Circuit finds District Court’s compensatory education award was not an abuse of discretion.
Upper Darby Sch. Dist. v. K.W. through T.B. and T.W., 2024 WL 3811990 (3rd Cir. Aug. 14, 2024)
Legal Update for Special Education Law – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of intere
Third Circuit affirmed lower court, concluding school district’s re-evaluation was appropriate, its diagnosis of autism was supported, and school district’s proposed IEP was an offer of a FAPE.
The school district re-evaluated the student during the 2021–22 school year and concluded the student was eligible to receive IDEA services based upon a primary disability category of autism. The student was also identified as gifted.
Legal Update for Special Education Law – September 2024 is prepared by Marshall Dennehey to provide information on recent legal developments of intere
The Delaware Superior Court affirms Industrial Accident Board’s decision and rejects claimant’s argument on appeal that the Board’s decision to allow certain questioning from the employer’s attorney constituted a reversible abuse of discretion.
On July 19, 2017, the claimant injured his right shoulder, requiring surgery, while working for the employer.
What’s Hot in Workers’ Comp, Vol. 28, No.
Essential hypertension without evidence of disability did not meet the presumption of compensability under the Heart/Lung Bill, Fla. Stat. 112.18(1).
The claimant, a police officer, was hired on July 28, 1997, and had a pre-employment physical that was negative for hypertension. On October 7, 2021, the claimant reported to work but was not feeling well.
What’s Hot in Workers’ Comp, Vol. 28, No.