Publications
The Court of Appeals of Ohio, Fourth District, Affirmed the Trial Court’s Summary Judgment in Favor of the Defendants
The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor vehicle.
Case Law Alerts, 3rd Quarter, July
A Claim for Bad Faith Must Be Plausible, Not Just Possible
Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to collide with Hampton’s car on March 5, 2023.
Case Law Alerts, 3rd Quarter, July
Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff
The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant disregarded a stop sign.
Case Law Alerts, 3rd Quarter, July
Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration
The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or implicitly prohibits arbitration of claims brought under the statute.
Case Law Alerts, 3rd Quarter, July
New York Court Allows for Discovery of Litigation Funding Loan
Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an advance on any settlement or verdict they might obtain. These “loans” are not subject to usury rates.
Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defining Sole Negligence: Interpreting Indemnification Clauses
The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.” The indemnification clause read:
Case Law Alerts, 3rd Quarter, July
Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue
In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia County on the grounds that the defendant operated a business at 5675 N.
Case Law Alerts, 3rd Quarter, July
Superior Court Rules that Claims Under Medical Marijuana Act Are Subject to Two-Year Statute of Limitations
This case concerned the plaintiff’s claim that she was terminated from employment due to her status as a medical marijuana patient. She filed suit against her employer for termination in violation of the Medical Marijuana Act (MMA), 35 P.S.
Case Law Alerts, 3rd Quarter, July
Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff
The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head, neck and back. The matter was removed to federal court based upon diversity jurisdiction.
Case Law Alerts, 3rd Quarter, July
Where the Risks of Walking on Snow and Ice Conditions Was Voluntarily Assumed, Summary Judgment Not Warranted Under the Hills and Ridges or Assumption of Risk Doctrines
The plaintiff and a group of her friends stayed the weekend at a home rental they booked using the home-sharing app, Airbnb.
Case Law Alerts, 3rd Quarter, July