Publications
Pennsylvania Trial Court Holds Plaintiff’s Amended Complaint in Motor Vehicle Injury Case Met Specificity Requirements Under Pa. R.C.P. 1028(a)(3)
The plaintiff alleged in their amended complaint that they suffered “other injuries, the extent of which is not yet known.” The defendant raised a specificity objection pursuant to Pa. R.C.P 1028(a)(3).
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Eleventh Circuit Bars Insurer’s $449K Recovery, Finding Unjust Enrichment Inapplicable Where Insurance Contract Governs
The insurer sought to recover nearly $449,000 it had paid to ophthalmologist Dr. Bernard Perez, alleging he misrepresented his disability and committed fraud.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Supreme Court Holds One-Year Statute of Limitations for Defamation Also Applies to False Light Claims
The New Jersey Supreme Court ruled that the one-year statute of limitations for defamation claims equally applies to false light claims.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
It Was Just a Mistake! Or Was It Negligence? Ohio Supreme Court Defines Mistake for Contract Principles
In a certified conflict, the Ohio Supreme Court considered whether a negligent failure to exercise a lease renew option warranted equitable relief. The Court found it did not.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appearance of Impropriety by Arbitrator Insufficient to Vacate Arbitrator’s Award
This York County matter concerned the plaintiff’s claim that Weis Markets was liable for her slip-and-fall and her injuries resulting therefrom. The plaintiff and the defendant agreed to remove the case to binding arbitration after discovery.
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Luzerne County Court Denies Amendment to Add Punitive Damages for Post-Incident Conduct in Dog-Bite Case
The plaintiff sought the amend her complaint to add a claim of negligence per se, to add a theory of joint and several liability against both defendants and, most notably, to include a claim for punitive damages for post-incident conduct by the de
Case Law Alerts, 4th Quarter, October 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
First Department Rejects De Minimis Defense, Grants Summary Judgment for Worker’s Fall Under Labor Law 240(1)
The First Department has held that a fall from a height of 10 ½ to 20 inches is not a bar to summary judgment because the height differential is not, as a matter of law, de minimus.
Court Grants Summary Judgment to Grocery Store Where Plaintiff Failed to Show Cause of Fall or Notice of Hazard
The plaintiff alleged that she slipped and fell in the women’s restroom of the defendant’s grocery store. The plaintiff claimed she slipped on some unknown substance, which caused her to fall and strike the toilet.
Superior Court Affirms Defense Verdict, No Adverse Spoliation Inference Where Lost Video Did Not Capture Incident or Contain Relevant Evidence
The plaintiff tripped and fell on a floor mat near the beverage area in the defendant’s store.
Pa. Superior Court Reverses Summary Judgment, Finding Fact Issues on Store’s Duty to Anticipate Off-Premises Assault
The plaintiff was beaten and robbed a block away from the defendant’s store. Prior to the incident, the plaintiff and the assailant were both in the store.