Publications
Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity
This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal injury lawsuit.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident
In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street outweighed the negligence of the driver who hit the plaintiff and granted summary judgment in favor of the defendant.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurance Provider Granted Summary Judgment Based on an “Aircraft Liability Exclusion” Within Its Policy
This matter involved a petition by Travelers, seeking a declaration that it did not owe a duty to indemnify or defend its insured in a personal injury lawsuit pursuant to its “Aircraft Liability Exclusion.”
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 Denies Plaintiff’s Motion for Summary Judgment After Further Analysis of “Corporate Liability”
This matter involved a collision between a train and a tractor-trailer. The plaintiff moved for summary judgement with respect to the defendants’ negligence, and the motion was denied.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Southern District Court Limits Admissibility of Statements Made to Plaintiff’s Physicians at the Time of Trial
This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence was not admissible at trial.
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 Finds that Mental Health Records Are Not Discoverable Under Ohio State Law
While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain, neck pain, headaches, sensitivity to light, sensitivity to sound, trouble concentrating, memory loss…and m
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 Portions of Plaintiff’s Claims Against Insurer for Failing to Pay UIM Benefits
The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had $600,000 in underinsured/uninsured motorist coverage with his insurer.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)
Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f).
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act
The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals
Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional negligence claims, there has been a dispute and uncertainty as to whether the two-year or four-year limitation pro
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.