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New York Trucking & Transportation Liability January 1, 2019
The court denied the defendant’s CPLR 4404(a) motion to set aside a jury verdict in favor of the plaintiff. The defendant’s motion to set aside was on the issue of liability. The plaintiff commenced a wrongful death action as a result of..., Case Law Alerts, 1st Quarter, January 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...
Pennsylvania Insurance Coverage/Bad Faith Litigation January 1, 2019
In this declaratory judgment action, the carrier filed a motion to dismiss a § 8371 bad faith counterclaim based on the defendant’s failure to plead it with specificity. The court granted the motion and dismissed the claim for a failure..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Amusements, Sports and Recreation Liability January 1, 2019
The plaintiff’s appeal of the dismissal of her claim was denied. Her claim of negligence and intentional conduct for a collision did not present evidence of negligent supervision , recklessness or intent. As there were no facts to support the..., Case Law Alerts, 1st Quarter, January 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...
Pennsylvania Health Care Liability January 1, 2019
The plaintiff, Estate of Terri Seels-Davila, claimed the defendants, Hahnemann University Hospital and Drexel University College of Medicine, negligently managed the decedent’s labor and delivery, resulting in her death. The plaintiff, a..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Public Entity and Civil Rights Litigation January 1, 2019
The plaintiff was sexually assaulted while incarcerated. She did not file a notice of tort claim within the requisite 90 days because she was not aware of this requirement. Upon her release, she retained an attorney. Five months later, she sought..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Amusements, Sports and Recreation Liability January 1, 2019
The plaintiff’s claim was dismissed as no liability was found on the public entity for the condition of the water fountain. The plaintiff was playing football with friends in the city park. He went to get a drink and fell, fracturing his knee..., Case Law Alerts, 1st Quarter, January 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...
Pennsylvania Appellate Advocacy and Post-Trial Practice January 1, 2019
This case is an important one governing the statute of limitations in class actions. But the second part of the opinion should be of interest to every practitioner. At summary judgment, the defendant filed the required statement of undisputed..., Case Law Alerts, 1st Quarter, January 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...
Federal Securities and Investments Professional Liability January 1, 2019
Landaas & Co. is a dual registered investment adviser and broker-dealer based in Milwaukee, Wisconsin. The SEC alleged that over an eight-year period, beginning in 1999, Landaas and its principal received undisclosed fees. Specifically, Landaas..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Automobile Liability January 1, 2019
In this case the defendant admitted to partial liability in his answers to discovery, in the police report, and during his testimony at trial. The plaintiff argued that the court should have found in his favor on the issues of liability, negligence..., Case Law Alerts, 1st Quarter, January 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...
Florida Architectural, Engineering and Construction Defect Litigation January 1, 2019
Keystone Airpark Authority brought an action for breach of contract and negligence against Passero Associates LLC, the engineering firm tasked with the responsibility to provide “part-time resident engineering services and inspection, [and]..., Case Law Alerts, 1st Quarter, January 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...

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