Publications
Recent ruling by PA federal court confirms construction defect claims are not covered by Commercial General Liability policies.
While most states treat claims seeking damages for defective or faulty workmanship as covered under Commercial General Liability (CGL) policies, a recent United States District Court ruling confirms that Pennsylvania belongs to the small group of
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
No implied payment contract for duration of policy established where insured is entitled to change broker of record.
The plaintiff, an insurance broker, sued its insurance customer (defendant) for purportedly changing its broker of record, thus forfeiting the plaintiff’s ability to collect premiums on the policies placed for the defendant.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.
The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.
The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.
The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Deliberate indifference claim under 42 USC § 1983 for denial of medical care requires evidence that defendant had some subjective knowledge that inaction would pose serious risk to inmate and jail officer still ignored it.
A pre-trial detainee stated claims under 42 USC section 1983 for failure to provide medical care against jail officers. The District Court granted summary judgment to the jail officers. The U.S.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted and entitlement to good faith immunity pursuant to the New Jersey Tort Claims Act and due to plaintiff’s failure to establish causation.
The Estate alleged that the Piscataway Police Department and its officer failed to recognize Yearby’s mental illness, which led to his death at the Middlesex County Correctional Facility.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
FINRA censures and fines broker-dealer for use of instant messaging app.
A FINRA registered broker-dealer had written procedures that prohibited the use of instant messages for business purposes unless the firm granted an individual permission to use them.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
New York Labor Law § 240 claims dismissed because the means of injury did not involve a gravity-related risk.
The Supreme Court of New York, County of New York granted the defendants’ motion for summary judgment, dismissing the plaintiff’s New York Labor Law § 240(1) claim.
Case Law Alerts, 1st Quarter, April 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of
Florida court rejects car dealership’s Graves Amendment defense for loaner vehicle.
The plaintiff sued the defendant for vicarious liability based on the negligence of a driver of one of its loaner vehicles. The trial court granted summary judgment in favor of the defendant based on the Graves Amendment.
Case Law Alerts, 1st Quarter, Apri