Publications
Grappling With the Wear and Tear Exclusions of Homeowners’ Policies
Chabad filed a claim for water damage after a drain or sewer pipe broke.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Middle District Confirms That You Can Sue the Tortfeasor, Not Their Insurer
An injured plaintiff sued the alleged tortfeasor, the tortfeasor’s employer and the tortfeasor’s insurance carrier.
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 Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law
The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains in effect in Pennsylvania after the Third Circuit held that an attorney plaintiff lacked standing to c
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of Violence”
Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and electrical activity, leading to her transport to a funeral home in a body bag.
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 Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers
Following the fatal shooting of her son during a mental health episode where he was in possession of a knife, the plaintiff brought ten federal and state law claims, seeking damages from Officer Arnold, the City of Lancaster and the former Lancast
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Affirms Validity of FINRA’s Six-Year Eligibility Rule
The claimant asserted causes of action, including breach of fiduciary duty, negligence, violation of the Arizona Consumer Fraud Act, and negligent misrepresentation related to her purchases of American Realty Capital Healthcare Trust, Inc.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court highly critical of conclusory nature of Board’s decision, which is reversed and remanded.
The Delaware Superior Court reverses and remands a decision of the IAB that had determined a total knee replacement surgery was not reasonable or necessary.
What’s Hot in Workers’ Comp, Vol. 27, No.
Florida appellate court does a deep dive into the meaning of heart disease.
In April 2018, medical testing revealed that the claimant, a fire fighter, had a thoracic aortic aneurysm, and he underwent surgery in June 2018 to resolve same.
What’s Hot in Workers’ Comp, Vol. 27, No.
New Jersey Workers’ Compensation Legislation Update
Since the last update on various pending New Jersey workers’ compensation legislation, new legislation was introduced, although it appears to substitute a prior withdrawn one.
What’s Hot in Workers’ Comp, Vol. 27, No.
Claim petition filed in 2021 for a 1982 work injury was barred by the doctrines of res judicata and collateral estoppel.
The claimant sustained a work injury in 1982, and because of its age and the time that had passed from prior litigation, no documentation existed about the claim.
What’s Hot in Workers’ Comp, Vol. 27, No.