Publications
Third District Court reversed and remanded order granting insured’s motion for summary judgment based on insured’s failure to comply with policy conditions.
In the underlying matter, LFC Medical Center (LFC) filed for summary judgment, which was granted by the trial court.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Litigating Civil Cases at Lightning Speed: The Impending Florida Civil Procedure Rule Changes
Civil litigation in Florida is time-consuming. It always has been. Florida civil rules of procedure do not contain the procedural safeguards, like speedy trial rules, afforded to criminal defendants to expedite the process.
Legal Update for Florida Coverage & Property Litigation – July 2024 is prepared by Marshall Dennehey to provide information on recent legal develo
Legal Update for Special Education Law – Updates from the U.S. Department of Education
A federal court in Missouri has blocked President Biden’s latest attempt to forgive nearly $500 billion in federal loans. U.S.
Legal Update for Special Education Law – July 2024
Summary Judgment Granted Despite Pro Se Litigant
Newton, represented by counsel, filed a complaint against Shoeneberger, alleging negligence following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July
Injury on Work Premises Still Considered Outside Scope of Employment
The petitioner appealed from the order of the Division of Workers’ Compensation dismissing his petition for benefits based on lack of compensability.
Case Law Alerts, 3rd Quarter, July
Superior Court of New Jersey, Appellate Division Affirmed Entry of Summary Judgment Which Held That Defendant Utilized the Cable on the Property Which Caused Personal Injury for a Legitimate Business Purpose
The plaintiff brought an action against the defendant for injuries sustained when the plaintiff struck a steel cable while riding a dirt bike on the defendant’s property after business hours.
Case Law Alerts, 3rd Quarter, July
Court Error on Sloping Stairs Leads to Summary Judgment Reversal
In an action to recover damages for personal injuries, the plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Modified the Court’s Order by Deleting the Provision Denying the Plaintiff’s Motion for Summary Judgment
The plaintiff was struck by the defendant’s vehicle as she crossed the street. The plaintiff established, prima facie, that she crossed in the crosswalk and had the pedestrian signal in her favor.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Grant of the Plaintiff’s Motion for Summary Judgment on the Issue of Liability
In Peterson, the defendant’s vehicle struck the plaintiff’s when the defendant attempted to take a left turn onto an unmarked, one-way street and found that a third vehicle was exiting the same street.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed Superior Court’s Decision to Deny Plaintiff’s Motion for Summary Judgment Against Defendant’s Affirmative Defense Alleging Culpable Conduct and Comparative Negligence
In Mora, the defendant’s tractor-trailer collided with the plaintiff’s vehicle when the defendant took a left turn. In order to be entitled to summary judgment, the plaintiff must establish her own freedom from comparative negligence.
Case Law Alerts, 3rd Quarter, July