Publications
Proposed revision to Florida statute sits before the House that would require building code violations to be “material” to trigger claim under 553.84.
Florida Statute 553.84 creates a cause of action for any person damaged as a result of any building code violation against any party who committed that building code violation in the construction of the building.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Division finds that the pay-if-paid clause in the construction contract is enforceable.
The plaintiff entered into a purchase order contract with the defendant, the general contractor on a project with the County of Union.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court rules that groups appealing environmental permits may recover legal fees from companies.
A Pennsylvania Supreme Court decision arising from two separate cases has made it significantly easier for public and environmental groups to be reimbursed for legal fees when they successfully appeal environmental permits.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit adopts “proxy-liability” exception to Faragher-Ellerth defense.
The plaintiff sued her employer, asserting sexual harassment claims under Title VII of the Civil Rights Act of 1964 and the Pennsylvania Human Relations Act (PHRA).
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit holds deductions in paid time off do not equate to improper deductions in salary under the FLSA.
The plaintiff and several co-plaintiffs filed a collective action and putative class action, alleging that their employer made improper deductions from their accumulated paid time off (PTO) in violation of the Fair Labor Standards Acts (FLSA).
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit finds that four to six weeks between an employee’s internal complaint and his termination is “not unduly suggestive” of retaliatory animus under Title VII.
The plaintiff sued his employer alleging, inter alia, that he was terminated in retaliation for reporting sexual misconduct at work in violation of Title VII of the Civil Rights Act of 1964.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit maintains a high bar for use of witness affidavits to defeat summary judgment.
The plaintiff sued her employer, alleging that they had violated her rights under the Americans with Disabilities Act (ADA), Pennsylvania Human Relations Act (PHRA) and the Philadelphia Fair Practices Ordinance (PFPO).
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Even if at work, dressed for work and wearing a work badge, an employee is not thought to be acting within the scope of his or her employment if not on duty on the employer’s behalf when the incident occurs.
The Third District affirmed the trial court’s decision to enter summary judgment in favor of the employer. One of the employer’s employees, Maria Rosario, hit the plaintiff with her shopping cart at approximately 5:29 PM.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Despite documentary evidence, insured’s testimony alone is sufficient to create an issue of fact to defeat summary judgment in an uninsured motorist case.
The defendant insurance carrier filed a motion for summary judgment as to the plaintiff/insured’s breach of contract cause of action arising from his claim for uninsured motorist benefits.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The grounds on which a plaintiff may pursue a malpractice claim against an attorney with whom there was no attorney-client relationship are exceedingly narrow.
The New Jersey Appellate Division affirmed a decision dismissing a complex legal malpractice action arising out of an underlying first-party coverage action in the U.S.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.