Publications
The Superior Court held that the trial court’s error in permitting plaintiff’s use of a neurology textbook to cross-examine the defendant was prejudicial.
This medical malpractice claim involved an allegation brought by the parents of a child against health care providers for a permanent spinal cor
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Superior Court of Pennsylvania held that affirmative misrepresentation or fraudulent concealment of conduct that allegedly led to a patient’s death will toll statute of limitations for medical malpractice claims.
The case involved a wrongful death and survival action brought by the decedent’s administratrix against the decedent’s primary care physician.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The Superior Court of Pennsylvania held that a witness was qualified to testify as an expert in pharmacy practice.
The plaintiff brought a medical malpractice action against healthcare providers, including a pharmacy.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The Superior Court of Pennsylvania held that the trial court abused its discretion in refusing to instruct the jury on res ipsa loquitor.
The plaintiff brought a medical malpractice action against an anesthesiologist, based on the theory that the incorrect insertion of the central
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Florida’s Fourth Circuit continues trend requiring apportionment of damages in construction cases.
The Court of Appeals rejected the arguments of the plaintiff and held the apportionment of damages by the underlying court utilizing comparative
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Ohio appellate court finds expert testimony may not be necessary to prove claim against an insurance agent.
The Ohio Seventh District Court of Appeals reversed summary judgment in favor of an insurance agent and found that there was an issue of fact as
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Claims by a new business or venture for ascertainment of future probable profits are too remote, contingent, speculative to meet legal standard in New Jersey for reasonable certainty.
Since 1936, the vast majority of jurisdictions have rejected the New Business Rule as a per se rule of exclusion and, instead, allowed lost prof
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Breach of contract claim barred under the gist of the action doctrine where alleged conduct pertained to manner in which duties of representation performed and not a breach of a specific contractual promise.
The Pennsylvania Superior Court, in an unpublished opinion, continued the recent trend of Pennsylvania case law barring breach of contract claims that actually s
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
When there are factual disputes, the parties present those disputes to a jury of their peers for resolution. The factual disputes here require a jury trial to resolve.
The plaintiff alleged excessive force, false arrest, failure to intervene and municipal liability against the City of Vineland and its police officers.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Skiing off trail is an inherent risk of skiing under the Pennsylvania Skier’s Responsibility Act.
The United States District Court for the Middle District of Pennsylvania upheld the ski resort’s summary judgment.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments