Publications
Federal District Judge upholds objections to overly-broad discovery demands, noting that plaintiff could revise and narrow demands but declines to grant plaintiff specific relief.
This interesting litigation actually addresses a complaint of excessive idling against a school bus company, but the federal court correctly put the onus on the plaintiff to craft appropriate requests as opposed to common “kitchen sink” type deman
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court grants motion to dismiss in action where a minor plaintiff was lured off a school bus by minor defendants and assaulted.
Though much of the court’s issue in this decision appears related to the manner in which the complaint itself was drafted, the court did find that a school transportation department’s “supervision of students on a school bus, as well as the action
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Incident report prepared for a claims company “for the benefit of [the] insurer” falls within work production and is not discoverable.
In a matter involving a dispute over damage caused to a truck during towing, the tow truck company sought to quash an order requiring production of an incident report prepared by the named tow truck driver.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Uber Eats driver not entitled to UIM benefits under Uber Eats’ insurance policy.
The plaintiff was operating his motorcycle as an Uber Eats driver in August of 2017 when he was involved in a motor vehicle accident and suffered significant injuries. The offending driver was minimally insured.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.
At its heart, this decision is fairly simple—the Appellate Division determined the plaintiff is not entitled to summary judgment because an issue of fact remained as to whether the defendant was liable for the collision, and an issue of fact remai
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate court reverses trial court and enforces arbitration provision of equipment lease and transportation agreement.
It is highly common for truck drivers who own their own trucks to function as independent contractors and function in that capacity pursuant to agreements with large logistics companies.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The court found that the plaintiff had no triable issue of material fact to support a claim of gross negligence against the defendant fitness facility.
The plaintiff claimed she burnt her arm on a heating element within a sauna when she tripped and fell due to poor lighting.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Industrial Accident Board determines that a general contractor on a construction site is responsible for claimant’s workers’ compensation benefits as both his employer and by operation of Section 2311.
The claimant alleged he was injured while doing demolition work on January 7, 2022. He initially filed a petition against Alliance Environmental Systems (Alliance), but Alliance denied that it was Mr.
What’s Hot in Workers’ Comp, Vol. 27, No.
District court finds that the “specialty” for the one time change of physician must be one that furthers the employer’s duty to deliver a continuum of care, facilitating the employee’s return to gainful employment.
The injured worker sustained a serious injury to her finger. She came under the care of Dr. Cortez, a board-certified general and plastic surgeon with an added certificate for hand surgery via the emergency room.
What’s Hot in Workers’ Comp, Vol. 27, No.