Publications
The Dragonetti Act provision that provides for an award of punitive damages does not violate Pennsylvania’s Constitution.
The Pennsylvania Superior Court, in a non-precedential decision, has upheld a verdict in which a jury awarded a plaintiff punitive damages in a wrongful use of civil proceedings action brought under 42 Pa. C.S. §8351, et seq. (Dragonetti Act).
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.
A jail officer was present outside of a privacy curtain while a male medical care contractor was providing medical care to a female inmate in the absence of a chaperone, which was contrary to policy.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Vague assertions that existing policies were inadequate are not enough to impose Monell municipal liability.
This federal civil rights and employment discrimination action was brought by the plaintiff, a correctional officer employed at Luzerne County Correctional Facility (LCCF), against her employer, Luzerne County, and two of her supervisors, one of w
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Following Commonwealth v. Alexander, Article I, Section 8 of the Pennsylvania Constitution continues to permit warrantless “inventory searches” of impounded automobiles.
In Commonwealth v. Alexander, 243 A.3d 177 (Pa. 2020), the Supreme Court of Pennsylvania held that Article I, Section 8 of the Pennsylvania Constitution affords greater privacy interests than the Fourth Amendment to 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.
New York Appellate Division, First Department determined that a gang box lid falling on an employee would not be considered a violation under New York Labor Law §240.
An employee of a subcontractor brought an action against the building owner, the owner’s manager, the construction manager and other subcontractors, alleging violations under New York Labor Law §240, §241 and §200.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.
The jury found liability against the defendant driver and bus companies.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.
The plaintiff, a bicyclist, collided with an open door of a delivery van.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.
A driver brought an action against the City and the City’s Transportation Department, seeking damages for personal injuries sustained in an accident on an exit ramp, which was allegedly a result of the City’s and the Transportation Department’s ne
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.
This case involved a collision between a motor vehicle and an emergency vehicle.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court of Pennsylvania finds Uber cannot compel arbitration based on browser app agreement.
The plaintiff claimed she was injured while riding in a vehicle requested through the Uber App. After she filed suit, the trial court granted Uber’s petition to compel arbitration.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.