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Appellate courts will refer to trial courts’ decisions regarding factual issues.
The case involves a wrongful death and survival action against a hospital that alleged corporate liability, vicario
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Case illustrates the issue of damages is an indispensable element of a trial.
In this medical malpractice action against a hospital, a physician and physicians’ group, the plaintiff patient all
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court reiterates that Pennsylvania does not recognize the “increased risk of harm” doctrine in legal malpractice cases.
The United States District Court for the Eastern District of Pennsylvania reiterated that Pennsylvania does not rec
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The Affidavit of Merit statute requires the affidavit to be served within 60 days of the licensed professional’s answer. However, that deadline is not draconian.
The appellate division grappled with the meaning of the Affidavit of Merit (AOM) statute in light of a filing that
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The Superior Court of Pennsylvania weighs whether evidence of industry standards in a design defect case is permissible post-Tincher.
A carpenter fell through a scaffold while performing carpentry work at a Bucks County elementary school and sustain
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
New Jersey Appellate Division provides a blueprint for proving a claim and obtaining attorney fees under the N.J. Nursing Home Responsibilities and Residents’ Rights Act.
The plaintiff resident alleged the defendant nursing home was negligent and violated her rights for negligently mon
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An employer’s workers’ compensation benefits and light-duty accommodation do not obviate its duty under the FMLA to provide notice of an employee’s right to take FMLA leave.
Returning from a few days off due to a work-related injury, the employee was required by her employer to undergo an
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Supreme Court holds that an unperfected lien may be stricken at any time and Section 505 of the Mechanics’ Lien Law places no time limit on challenges raised in subsequent proceedings.
The Supreme Court of Pennsylvania decided, and thereby reversed a Superior Court decision, that a homeowner’s objec
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.
An amusement park patron claimed that an unidentified employee, dressed as a clown, frightened her when she was in attendance at the park during a Hall-o-Scream event, causing her to f
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An operator’s duty to stop a ride when a patron is contributorily negligent in engaging in “horseplay.”
When a child unlatched a restraining chain from a swing ride and was thrown from a ride, under the state’s version
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.