Publications
Southern District Court Limits Admissibility of Statements Made to Plaintiff’s Physicians at the Time of Trial
This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence was not admissible at trial.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law
While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain, neck pain, headaches, sensitivity to light, sensitivity to sound, trouble concentrating, memory loss…and m
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Dismisses Portions of Plaintiff’s Claims Against Insurer for Failing to Pay UIM Benefits
The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had $600,000 in underinsured/uninsured motorist coverage with his insurer.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)
Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f).
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act
The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation
A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in violation of Title VII of the Civil Rights Act of 1964.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Opts for Broad, “Fact-Specific Inquiry” Test in Analyzing Whether Certain Work-Related Activities Are Compensable Under the FLSA
A group of oil rig hands sued their employer, Precision Drilling Corp.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The EEOC’s Investigatory Powers Are Limited to the Scope of a Valid Charge
The EEOC issued an employment discrimination Charge to a car components manufacturer. In its Charge, the EEOC stated the specific address for only one of the manufacturer’s seven facilities.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy
After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had cracks but had not fallen down. The insurer denied the claim.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.