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The workers’ compensation exclusivity exception must be narrowly construed and the contract at issue must contain sufficient language to establish a third-party indemnity obligation.

The plaintiff originally asserted several theories of liability in his complaint, including negligence and breach of express and implied warranties against the defendants, the manufacturer/seller of industrial equipment and the licensor/seller of Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Emergency vehicle driver may be found reckless if he runs a red light, even with lights and sirens on, for purposes of Ohio Revised Code 2744.03.

The plaintiff was approaching an intersection at the same time as a township fire truck, resulting in a collision. The plaintiff sued the township and the driver of the fire truck, a township employee. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Relying upon dicta set forth in Spencer v. Johnson, trial court held that the Pennsylvania Fair Share Act was inapplicable to multiple defendants unless a plaintiff had some amount of contributory negligence.

In a non-jury trial, the plaintiff raised negligence and battery claims against the defendants, which arose from an incident in which one defendant shot the plaintiff in the shoulder with a gun that was owned by the other defendant. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

SCOTUS grants certiorari to hear marine insurance dispute.

The Supreme Court of the United States recently granted certiorari to decide whether, under federal admiralty law, “a choice of law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the ‘strong public policy Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Why insurance carriers’ DPRPs should be specific as to what claims/actions are and are not arbitrable to protect themselves against motions to dismiss.

GEICO filed a complaint against a series of medical providers asserting claims under the New Jersey Insurance Fraud Prevention Act (IFPA), violations of RICO, common law fraud and unjust enrichment. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.

In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.