Publications
Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of Violence”
Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and electrical activity, leading to her transport to a funeral home in a body bag.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers
Following the fatal shooting of her son during a mental health episode where he was in possession of a knife, the plaintiff brought ten federal and state law claims, seeking damages from Officer Arnold, the City of Lancaster and the former Lancast
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Affirms Validity of FINRA’s Six-Year Eligibility Rule
The claimant asserted causes of action, including breach of fiduciary duty, negligence, violation of the Arizona Consumer Fraud Act, and negligent misrepresentation related to her purchases of American Realty Capital Healthcare Trust, Inc.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow driver was plowing the roads and collided with the plaintiff.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court of Pennsylvania affirms trial court’s refusal to open the judgment of non pros against plaintiff.
The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year statute of limitations.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.
The plaintiff brought a personal injury action against a vehicle dealership, a manufacturer and a distributor based on injuries allegedly sustained when the front driver’s-side wheel fell off shortly after the vehicle was serviced at the franchise
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.
Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The stand-alone, small link to the Terms and Conditions page of defendant’s website did not suffice to waive the plaintiff’s constitutional rights.
The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to its Terms and Conditions, which contained an arbitration clause.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.
The plaintiff commenced a personal injury action following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.