Publications
Filing a Writ of Summons Will Not Toll the Statue of Limitations If Subsequent Actions Stall Litigation
Dewitt Wimbs appealed from the order entered in the Court of Common Pleas of Allegheny County (trial court) that granted Molly Wolfson’s preliminary objections based on the statute of limitations and dismissing his personal injury complaint.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable
The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement agreement arising from a voluntarily-entered mediation.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Court of Appeals Addressed Primary Assumption of the Risk Doctrine
Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary judgment on liability even if the plaintiff had comparative fault. See CPLR 1411.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Reviews Exceptions to Res Judicata for the First Time
Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an exception.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages
The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center line of the road and into the plaintiff’s path.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed
The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback scheme in connection to New Jersey Personal Injury Protection (PIP) benefits.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar
The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous Condition
The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to purchase gas and fuel.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”
A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety information after a product is already on the market?
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform
The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash, alleging that a delivery driver negligently struck and killed the pedestrian while making a food delivery requested t
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.