Publications
Ohio Supreme Court Enforces Broad Arbitration Clause in Insurance Policy, Extending to Bad Faith Claims
In this medical malpractice lawsuit filed against an emergency services provider, the insurer for the provider assigned counsel and underto
Delaware Superior Court Addresses Continuous Representation Doctrine in Legal Malpractice Case—But Was It Really Applied?
In what the court stated was a matter of first impression, the Delaware Superior Court applied the “continuous representation doctrine” in a legal malpractice case.
Superior Court Holds that Gist of the Action Doctrine Does Not Bar Breach of Contract Claims Sounding in Professional Negligence
A trial court’s grant of preliminary objections in a breach of contract action brought against the plaintiff’s former attorneys was reversed after the Pennsylvania Superior Court, sitting en banc, determined that the trial
New Jersey Supreme Court Rules Competitive Keyword Advertising by Attorneys Does Not Violate RPC
In a decision tackling competitive keyword advertising among attorneys, the Supreme Court of New Jersey sought to determine if this class of advertising was a violation of Rules of Professional Conduct (RPC).
Federal Court Dismisses Derivative Action Against HOA President for Lack of Jurisdiction
Timothy Pagliara initially sued his homeowners’ association for failing to maintain property and fiscal mismanagement.
Totality of the Circumstances: Tasing Okay in Immediate Passive Resistance
In a colorful opinion from the Sixth Circuit, the court found that it was not excessive force to tase the plaintiff when he refused to supply his hand for cuffing in the wake of more significant refusals to submit to the police o
No Relation Back: District Court Bars Substitution of John Doe Defendants After Statute of Limitations in § 1983 Opiate Withdrawal Death Case
The estate of an incarcerated decedent filed a complaint against the correctional facility, the warden of the facility and “John Doe” correctional officers on January 31, 2024.
FINRA Fines and Suspends Former Financial Advisor for Naming His Wife and Children as Beneficiaries on a Client’s Account
A former financial advisor was suspended for eight months and fined $5,000 after he allegedly violated FINRA Rule 2010.
Property Owner Not Liable for Injuries Caused by Unforeseeable Third-Party Vehicle Misconduct
The plaintiff, Jarvis Coleman, attended an event hosted by Via at an entertainment venue and, upon leaving the premises, was struck by a truck driven by another patron while waiting in line to exit the parking lot.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York Appellate Division Affirms Denial of Summary Judgment, Holding Emergency Doctrine Does Not Eliminate Fact Issue on Reasonableness of Defendant’s Speed in Snowstorm Collision
The plaintiff brought this action seeking damages for injuries she sustained when the vehicle she was operating was struck by the defendant’s vehicle when it was dark and snowing.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.