Publications
Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration
The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or implicitly prohibits arbitration of claims brought under the statute.
Case Law Alerts, 3rd Quarter, July
New York Court Allows for Discovery of Litigation Funding Loan
Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an advance on any settlement or verdict they might obtain. These “loans” are not subject to usury rates.
Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defining Sole Negligence: Interpreting Indemnification Clauses
The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.” The indemnification clause read:
Case Law Alerts, 3rd Quarter, July
Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue
In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia County on the grounds that the defendant operated a business at 5675 N.
Case Law Alerts, 3rd Quarter, July
Superior Court Rules that Claims Under Medical Marijuana Act Are Subject to Two-Year Statute of Limitations
This case concerned the plaintiff’s claim that she was terminated from employment due to her status as a medical marijuana patient. She filed suit against her employer for termination in violation of the Medical Marijuana Act (MMA), 35 P.S.
Case Law Alerts, 3rd Quarter, July
Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff
The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head, neck and back. The matter was removed to federal court based upon diversity jurisdiction.
Case Law Alerts, 3rd Quarter, July
Where the Risks of Walking on Snow and Ice Conditions Was Voluntarily Assumed, Summary Judgment Not Warranted Under the Hills and Ridges or Assumption of Risk Doctrines
The plaintiff and a group of her friends stayed the weekend at a home rental they booked using the home-sharing app, Airbnb.
Case Law Alerts, 3rd Quarter, July
Superior Court of Pennsylvania Held that Landowner Was Not Relieved of Its Duty of Care for Open and Obvious Dangers When It Should Have Expected a Business Invitee to Be Distracted
The plaintiff, a business invitee, broke her ankle while playing disc golf at the defendant’s disc golf course. While walking to retrieve her disc, the plaintiff fell when she slipped on a steep slope that contained loose gravel in the grass.
Case Law Alerts, 3rd Quarter, July
Pennsylvania Supreme Court Held that When Plaintiff Fails to Meet the Burden of Demonstrating Good Faith Effort in Diligently and Timely Serving Process, then Actual Notice of the Lawsuit Is Irrelevant
In deciding whether a complaint served after expiration of the applicable statute of limitations period was time-barred, the Supreme Court of Pennsylvania applied the reasoning from Gussom v. Teagle, 247 A.3d 1046 (Pa. 2021).
Case Law Alerts, 3rd Quarter, July
Pennsylvania Court Dismisses Several Defendants from Product Liability Action Where Plaintiff Pled “More Likely Than Not” the Seller and/or Distributor of the Allegedly Defective Product
The plaintiff alleged he suffered injuries to his scalp from the application of a defective mole removal cream.
Case Law Alerts, 3rd Quarter, July