Publications
PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim
The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal malpractice action against a law firm on the basis of the gist of the action doctrine.
More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes
A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the intersection.
Where to Draw the Line: Superseding Causes and Duty
Todd Howard was a resident at Bunker Hill, a home for wayward boys. He snuck out of the facility to meet with his friends, Zeb Freeman and Derrick Hizer. He snuck out through a path that was well-known to Bunker Hill, but unprotected.
FINRA Grants Respondents’ Motions for Sanctions Against Claimant and Broker’s Request for Expungement
The claimant asserted causes of action including failure to supervise, breach of fiduciary duty, respondeat superior, unsuitability, breach of contract, and violations of the Alabama Securities Act related to the purchase and alleged misr
FINRA Encouraged to Take Remedial Action to Correct Broker’s CRD Record
The claimant broker requested expungement of two customer complaints from his CRD record.
An Affidavit of Merit Is Inappropriate if It Fails to Identify Any Individual Person(s) Who Were Negligent.
The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide an appropriate affidavit of merit (AOM) pursuant to N.J.S.A. 2A:53A-26 to -29.
Case Law Alerts, 1st Quarter, January 204 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Court Affirmed Trial Court’s Decision to Grant Summary Judgment to Defendants as to Plaintiff’s Theories of Liability Under New Jersey’s Title 59 and Private Negligence.
The plaintiff was “going for a double” in a men’s softball game when he fractured his ankle as he attempted to slide to second base and his cleated foot caught in a six-foot ripped seam and divot in the artificial turf.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Policyholders May Recoup Attorney’s Fees if Their Insurer Fails in Contesting Duty to Indemnify.
The trial court issued a first-of-its-kind ruling, holding that an insurer defending a policyholder in litigation must also reimburse the insured party’s coverage action costs if the insurer loses a legal challenge to its indemnity obligation.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Denial of Summary Judgment Affirmed as the Emergency Doctrine Did Not Bar Plaintiff’s Recovery and the Severity of Plaintiff’s Injury Was an Issue of Fact.
The plaintiff sought damages for injuries sustained in a motor vehicle accident allegedly caused by the defendant.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary Judgment for Defendants Reversed on the Basis that Defendants Failed to Make a Prima Facie Showing that They Did Not Breach a Duty Owed to Plaintiff.
The plaintiff alleged she sustained injuries while attempting to board a vehicle. She claimed that, as she stepped off the curb into the street, she tripped on a bulge in the street between the curb and the vehicle.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.