Publications
Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation
A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in violation of Title VII of the Civil Rights Act of 1964.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Opts for Broad, “Fact-Specific Inquiry” Test in Analyzing Whether Certain Work-Related Activities Are Compensable Under the FLSA
A group of oil rig hands sued their employer, Precision Drilling Corp.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The EEOC’s Investigatory Powers Are Limited to the Scope of a Valid Charge
The EEOC issued an employment discrimination Charge to a car components manufacturer. In its Charge, the EEOC stated the specific address for only one of the manufacturer’s seven facilities.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Fourth District Affirms Insurers’ Right to Directed Verdicts in Claims Not Related to the Insured’s Policy
After the insureds’ ceiling collapsed by a few inches, the insurer’s field adjuster saw that the ceiling had cracks but had not fallen down. The insurer denied the claim.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Grappling With the Wear and Tear Exclusions of Homeowners’ Policies
Chabad filed a claim for water damage after a drain or sewer pipe broke.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Middle District Confirms That You Can Sue the Tortfeasor, Not Their Insurer
An injured plaintiff sued the alleged tortfeasor, the tortfeasor’s employer and the tortfeasor’s insurance carrier.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law
The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains in effect in Pennsylvania after the Third Circuit held that an attorney plaintiff lacked standing to c
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Clearly Established Constitutional Right: A Fact-Specific, Published Finding Is Necessary to Clearly Establish a “Private Act of Violence”
Emergency medical personnel were granted qualified immunity after pronouncing a person dead, despite her still demonstrating respiratory movement and electrical activity, leading to her transport to a funeral home in a body bag.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers
Following the fatal shooting of her son during a mental health episode where he was in possession of a knife, the plaintiff brought ten federal and state law claims, seeking damages from Officer Arnold, the City of Lancaster and the former Lancast
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Affirms Validity of FINRA’s Six-Year Eligibility Rule
The claimant asserted causes of action, including breach of fiduciary duty, negligence, violation of the Arizona Consumer Fraud Act, and negligent misrepresentation related to her purchases of American Realty Capital Healthcare Trust, Inc.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.