Publications
New Jersey court reviews No-Fault Law’s language and finds that there was nothing preventing an arbitrator from hearing common law fraud, unjust enrichment and RICO claims.
The defendants (a series of medical providers) filed a motion to dismiss, arguing that the plaintiff’s common law fraud, unjust enrichment and RICO claims should be decided via arbitration.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Commonwealth Court notes that walking across undeveloped land carries an inherent risk of falling over depressions.
This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
District Court ruled plaintiff’s claim of negligent hiring, retention, training and supervision against Uber failed as matter of law due to failure to plead with specificity facts alleging Uber’s notice of driver’s propensity to engage in alleged conduct.
The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged in heinous conduct, including sexually suggestive comments, threats, ordering the plaintiff out of the vehicle on the N
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appeals court held that alleged violation of Ohio’s Assured Clear Distance Ahead statute qualified as a separate cause of action, requiring specific analysis from trial court and dismissing appeal for failure of order to be a final judgment.
This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly intoxicated at the time.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
In-state flea market is not a seller of a product and no negligence duty exists for a flea market that merely markets and facilitates the sale of an allegedly defective product.
The plaintiff, a Pennsylvania citizen, brought suit in Philadelphia County, claiming injuries suffered from a defective snow thrower for which a recall had been issued.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.
The plaintiff was struck by the defendant’s vehicle as she crossed the street.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.
The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Division decision finds attorney-verified pleadings insufficient from both parties, highlighting need to support applications and oppositions on issues such as motions to dismiss, defaults, etc. with specific facts and likely affidavits.
In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a default. In response, the defendant interposed an answer verified only by his attorney.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate court affirmed trial court’s determination that erroneous admission of evidence that defendant was terminated as a result of accident constituted “harmless error” and was not grounds for vacating judgment in favor of plaintiff.
The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Delaware court finds ‘issue of fact’ precluding summary judgment, despite metadata in photograph files proving the issue, that the court held was ‘an issue of material fact’ that precludes judgment as a matter of law.
This action involved a motor vehicle collision where the factual dispute at issue on summary judgment addressed whether the plaintiff had timely filed her complaint.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.