Publications
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred.
Florida Appellate Court Clarifies Accrual of Employment Discrimination Claims Dually Filed with EEOC and FCHR
The trial court entered summary judgment in favor of the employer, who argued that the employee’s disability discrimination claim was time-barred as it was filed 483 days after receiving the Equal Employment Opportunity Commission (EEOC)’s right-t
Ohio Appeals Court Affirms Class Certification in Auto Insurance Total Loss Valuation Dispute; Ohio Supreme Court Review Pending
The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments (PSA) in calculating the actual cash value (ACV) of vehicles when settling total loss claims was ar
Superior Court Enforces Forum Selection Clause, Dismissing UTPCPL Claim and Transferring Breach of Contract and Bad Faith Claims Against Carrier to Insured’s Home County
The plaintiff, Robert Mark Winner, was rear-ended by another driver and suffered alleged injuries. Winner brought a claim against the other driver and also notified his own auto insurer, Progressive, that he was making a UIM claim.
Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel
The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.
Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case
In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans of all charges, and he then brought claims for malicious prosecution.
Court Dismisses Inmate’s § 1983 Civil Rights Complaint as Time-Barred and Legally Deficient
The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under 42 U.S.C. § 1983. Gomez alleged that on July 14, 2022, a fellow inmate, Higgin, assaulted him.
Federal Court Grants Insurer’s Injunction in No-Fault Insurance Fraud Suit Against Medical Providers
In its suit against multiple providers, GEICO asserted that the providers had submitted thousands of fraudulent and unlawful no-fault insurance charges in New York and New Jersey.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pa. Superior Court Limits Use of Reasonable Expectations Doctrine in Commercial Insurance Dispute
The Pennsylvania Superior Court rejected the appellants’ assertion that the doctrine of reasonable expectations applied, finding that a commercial entity cannot prevail under this doctrine, nor can a non-commercial entity, where there is no indica
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Appellate Division Affirms Dismissal of Slip-and-Fall Suit at Concert Venue
The plaintiff claimed she was injured when she slipped and fell on a wet floor at a concert at the Prudential Center.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.