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Federal Court Denies Plaintiff’s Motion for Summary Judgment After Further Analysis of “Corporate Liability”

This matter involved a collision between a train and a tractor-trailer. The plaintiff moved for summary judgement with respect to the defendants’ negligence, and the motion was denied.  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law

While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain, neck pain, headaches, sensitivity to light, sensitivity to sound, trouble concentrating, memory loss…and m Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Federal Court Dismisses Portions of Plaintiff’s Claims Against Insurer for Failing to Pay UIM Benefits

The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had $600,000 in underinsured/uninsured motorist coverage with his insurer. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)

Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f). Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Jury Instruction About a Defendant’s Absence at Trial Was an Abuse of Discretion

The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of Pakistani descent, did not attend the trial, but to also “make whatever inference and conclusions” they chose Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

What a Defendant Should Do When on the Receiving End of Lawsuits From the Same Pro Se Plaintiff

The plaintiff filed a pro se complaint in 2017 in the Philadelphia County Court of Common Pleas against, among others, Irina Stepansky, DMD, claiming he was “mutilated” during dental procedures performed by Dr. Stepansky in November of 2015. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.