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Connecticut Product Liability July 1, 2019
The plaintiff underwent spinal surgery at Hartford Hospital. The procedure included a posterolateral fusion in which the plaintiff’s surgeon implanted various components of the defendants’ spinal system product. A second surgery revealed..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Insurance Coverage/Bad Faith Litigation July 1, 2019
The Superior Court reviewed a trial court order granting summary judgment in favor of an insurer on claims for breach of contract and bad faith. The underlying case centered on provisions in a commercial property policy that governed appraisal. The..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation July 1, 2019
In reviewing the evidence, the workers’ compensation judge found that: (1) the claimant established being engaged in firefighting activities for more than four years; (2) prior to his cancer diagnosis, he did not show any signs of cancer; (3)..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Retail Liability July 1, 2019
The plaintiff alleged she slipped and fell in a Wal-Mart parking lot while it was snowing. The Wal-Mart store opened at 6:00 a.m., and Wal-Mart’s snow removal contractor, Tree Fellas, LLC, arrived onsite between 6:00 a.m. and just after 7:00 a..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Professional Liability July 1, 2019
Although Florida courts tend to permit the liberal amendment of pleadings, a recent ruling by the 3rd DCA imposed a limit. The plaintiff appealed the denial of its motion to file a fourth amended complaint to add the defendant in a construction and..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation July 1, 2019
The employer had denied payment of compound pain creams that were dispensed to the claimant by Armour Pharmacy. The pharmacy then filed three fee reviews. The Bureau’s Medical Fee Review Section ordered payment, and the employer filed requests..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Retail Liability July 1, 2019
The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow removal services. Nonetheless, the plaintiff..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Professional Liability July 1, 2019
This appeal concerned the use of eCourts in New Jersey and the potential to lead to possible professional liability for failure to use the electronic filing system. The defendant failed to file a demand for trial de novo and pay the required fee..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Amusements, Sports and Recreation Liability July 1, 2019
The plaintiff’s parents were awarded a jury verdict in their favor against the defendants for the permanent brain damage to their son who was struck in the head by a foul ball. In this case, the foul ball entered through a gap in the fencing..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Retail Liability July 1, 2019
The plaintiff claimed she fell on ice and snow on a sidewalk at a Royal Farms location. Upon filing a motion for summary judgment, the defendant property owner submitted a photograph depicting the open and obvious icy conditions and relied upon the..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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