Results

We obtained a motion to dismiss in a data breach class action arising out of a ransomware attack against a hospital network. The attack compromised personal information of over 90,000 patients. In state court, our motion to dismiss was granted for lack of standing. The state court also granted our motion as to each cause of action for failure to state a claim on the basis that no implied contract existed with the entities for privacy protection and the negligence claims were not available under Florida law.

We were able to permanently close a matter involving a serious shoulder injury with a Section 20 resolution. In this case, the petitioner sustained significant injuries to her shoulder with an MRI showing tearing. The petitioner ultimately underwent two shoulder surgeries, and our own permanency expert found permanent disability of 7.5% partial total. Based upon wage statements we obtained, he asserted that any permanency award should be paid at a reduced rate—making the monetary award about $40,000 less than what would be paid at the full chart rate.

We secured summary judgment in a case where the plaintiff fell down a flight of stairs at a NASCAR race in Monroe County, Pennsylvania, sustaining multiple fractures. The plaintiff alleged that she fell on water that had accumulated from patrons’ coolers dripping through the bleachers onto the staircase below. The court dismissed the plaintiff’s claims in their entirety due to her failure to adequately establish actual or constructive notice of a dangerous condition.

We secured a jury defense verdict in the Superior Court of New Jersey in a product liability case where the demand was $650,000. The plaintiff alleged a defect in the handle of an ultraviolet light disinfecting device that caused her to develop trigger finger. They alleged a design defect and failure to warn claim, claiming permanent damage to her ring finger and hand as a result of surgeries to correct the injury.

We succeeded in obtaining a per curiam affirmance in the First District Court of Appeal of a final order dismissing the plaintiff’s fire-loss subrogation claim against our client, a tenant in a leased property the plaintiff insured. The First District affirmed the trial court’s finding that the specific fire-loss provisions in the lease shifted the risk of loss to the landlord, the plaintiff’s insured. As a result, our client was a co-insured under the plaintiff’s policy. An insurance company cannot sue its own insured.

We received a favorable decision dismissing a Claim Petition involving a claimant who alleged injuries from working at home on the couch. Mike submitted the claimant’s testimony from third-party litigation demonstrating conflicts with her testimony in the workers’ compensation case to impact her credibility. He also emphasized the claimant’s pre-existing condition, even though she told her medical expert that she was asymptomatic, as the claimant had been receiving chiropractic care for 38 years.

We won summary judgment for a homeowners association. Our client filed a lawsuit to enforce the Covenant of Restrictions banning barnyard animals and claiming that the homeowners failed to obtain necessary approvals to build a coup and run for six chickens. The homeowners claimed the six chickens were emotional support animals, pursuant to the Fair Housing Act (FHA) and New Jersey Law Against Discrimination (NJLAD). The court held that the chickens are not emotional support animals, pursuant to both FHA and NJLAD, and granted summary judgment.

Marshall Dennehey’s trial and appellate attorneys were successful in their representation of a national home improvement retail corporation’s tool and truck rental division. Handling the case at both the trial and appellate levels, the defense was successful in convincing the New Jersey appellate court to affirm the trial court’s decision on July 23, 2024. At the trial level, the judge granted our motion for a directed verdict and dismissed the case. The plaintiff had rented a flatbed truck in 2018 to move a cabinet he had just purchased.

We obtained an order granting our motion to dismiss for failure to allege facts supporting a bad faith claim pursuant to Pennsylvania and federal case law. The case arose out of an uninsured motorist (UM) claim from a motor vehicle accident involving the plaintiff and a phantom vehicle. As a result of the accident, the plaintiff averred that he sustained various injuries, including to his head, neck, back, both knees and left shoulder. The plaintiff asserted an uninsured motorist benefit claim under his insurer’s policy, with $50,000 in UM benefits and with no stacking.

We successfully defended a manufacturer serving OEMs in the aerospace, defense, semiconductor and high-tech industries. The case involved a claim petition with complex injury allegations and a potentially catastrophic initial judgement on the pleadings since the employer failed to timely answer the claim petition. When we became involved, we were able to limit the judgement on the pleadings to the date that a timely answer could have been filed. Ongoing disability in the case turned on the credibility of the claimant’s medical evidence.