Publications
Sanctions awarded after court determines insurer knew/should have known its improper venue defense was not supported by application of existing law to material facts where same clause had been determined ambiguous by District Court of Appeal.
This suit involved the defendant’s failure to pay the plaintiff’s claim for PIP benefits for treatment rendered to Mr. Rither.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court grants defendant’s motion to dismiss and compel arbitration.
This suit was brought as a breach of contract action for failure to pay PIP benefits. In response to the plaintiff’s complaint, Plymouth Rock filed a motion to dismiss and compel arbitration.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow driver was plowing the roads and collided with the plaintiff.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
As a result of plaintiff’s unauthenticated exhibits and premature filing of suit, court sided with defendant and strengthened case law for insurance carriers looking to dismiss lawsuits filed primarily to obtain attorney fees.
This suit involved a potential confession of judgment due to the insurance carrier issuing a partial payment on the claim after suit was filed.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court of Pennsylvania affirms trial court’s refusal to open the judgment of non pros against plaintiff.
The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year statute of limitations.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.
The plaintiff brought a personal injury action against a vehicle dealership, a manufacturer and a distributor based on injuries allegedly sustained when the front driver’s-side wheel fell off shortly after the vehicle was serviced at the franchise
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.
Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York Supreme Court determines that tenant of a property is not liable for plaintiff’s Labor Law § 240 and Labor Law § 241 claims because tenant did not exercise any control over plaintiff’s work.
An individual working for a subcontractor fell while at Cobblestone Restaurant, which was owned by Encore and operated by Cobblestone.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The stand-alone, small link to the Terms and Conditions page of defendant’s website did not suffice to waive the plaintiff’s constitutional rights.
The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to its Terms and Conditions, which contained an arbitration clause.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.