Casualty

Thought Leadership

Case Law Alerts
In-State Flea Market is Not a Seller of a Product and No Negligence Duty Exists for a Flea Market that Merely Markets and Facilitates the Sale of an Allegedly Defective Product
July 1, 2023
by Oswald P. Clark
Case Law Alerts
Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Third District Court of Appeals Affirms Trial Court's Decision Allowing a Fully Completed and Executed CMS Form 1500 to Serve as an "Itemized Statement" Pursuant to Florida Statute 627.736(5)(d)
July 1, 2023
Case Law Alerts
Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Appellate Division decision finds attorney-verified pleadings insufficient from both parties, highlighting need to support applications and oppositions on issues such as motions to dismiss, defaults, etc. with specific facts and likely affidavits.
July 1, 2023
Case Law Alerts
2007 Medicare Part B Non-Facility Limiting Charge is Not a Fee Schedule, and Insurers are Permitted to Use Rates Established by Participating Physicians Fee Schedule When Reimbursing Diagnostic Codes, Thus Certifying Conflict with the Third DCA
July 1, 2023
Case Law Alerts
Fourth District Court of Appeals reverses itself regarding application of the 2007 Medicare Part B Non-Facility Limiting PIP claims and certifies conflict with the Third District Court of Appeals.
July 1, 2023
Case Law Alerts
Appellate court affirmed trial court’s determination that erroneous admission of evidence that defendant was terminated as a result of accident constituted “harmless error” and was not grounds for vacating judgment in favor of plaintiff.
July 1, 2023
Case Law Alerts
Delaware court finds ‘issue of fact’ precluding summary judgment, despite metadata in photograph files proving the issue, that the court held was ‘an issue of material fact’ that precludes judgment as a matter of law.
July 1, 2023
Defense Digest
Scheme to Defraud Insurance Carriers May Leave 'Runners' Walking Behind Bars
June 1, 2023
Defense Digest
On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the Admissibility on Appeal
June 1, 2023
by Elizabeth A. Underwood
Defense Digest
The National Spotlight on Traumatic Brain Injuries and its Growing Prevalence in the Legal Industry
June 1, 2023
by Evan N. Saltzman
Defense Digest
Delaware ‘Meet and Confer’ Rule Requires Human Contact??!
June 1, 2023
by Lisa M. Grubb
Defense Digest
Assignment of Benefits Contractor Precluded from Recovery Pursuant to Mortgagee Clause
June 1, 2023
Defense Digest
Redefining the Scope of the Ongoing Storm Rule: What Recent New Jersey Appellate Division Decisions Tell Us About the Future of the Doctrine
June 1, 2023
Defense Digest
Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments
June 1, 2023
by Amara Benitez Rodriguez
Legal Updates for Amusements, Sports and Recreation Liability
Florida Legislature Passes the Roller Skating Rink Safety Act
May 8, 2023
Legal Updates for Insurance Services
Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims
April 25, 2023
by Christopher W. Woodward
Prejudgment Interest Accruing from Date of Accident: What Will This Mean for Residents, Courts?
April 13, 2023
by Steven M. Christman
Potential Clarity on Pennsylvania's Murky Products Liability Landscape
April 6, 2023
Case Law Alerts
Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.
April 1, 2023
Case Law Alerts
The Workers' Compensation Exclusivity Exception Must Be Narrowly Construed and the Contract at Issue Must Contain Sufficient Language to Establish a Third-Party Indemnity Obligation
April 1, 2023
by Lisa L. Maeyer
Case Law Alerts
An Expert Witness, Retained and Presented as a Life Care Planner, May Not Use Their Own Medical Opinion in Calculating Future Care When That Care is Not Recommended By a Treating Physician or Retained Medical Expert
April 1, 2023
Case Law Alerts
Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even with Lights and Sirens on, For Purposes of Ohio Revised Code 2744.03.
April 1, 2023
by Jillian L. Dinehart
Case Law Alerts
Relying Upon Dicta Set Forth in Spencer v. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to Multiple Defendants Unless a Plaintiff Had Some Amount of Contributory Negligence
April 1, 2023
by Lauren E. Purcell
Case Law Alerts
SCOTUS Grants Certiorari to Hear Marine Insurance Dispute
April 1, 2023
by Christopher J. DiCicco
Case Law Alerts
Not All Personal Injury Accidents Involving Repair Work are Applicable to New York Labor Law §241 Claims
April 1, 2023
Case Law Alerts
Why Insurance Carriers' DPRPs Should be Specific as What Claims/Actions Are and Are Not Arbitrable to Protect Themselves Against Motions to Dismiss
April 1, 2023
by Ariel C. Brownstein
Case Law Alerts
In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.
April 1, 2023
by Lauren E. Purcell
Case Law Alerts
District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts
April 1, 2023
by Michael A. Salvati

In-State Flea Market is Not a Seller of a Product and No Negligence Duty Exists for a Flea Market that Merely Markets and Facilitates the Sale of an Allegedly Defective Product

Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.

Third District Court of Appeals Affirms Trial Court's Decision Allowing a Fully Completed and Executed CMS Form 1500 to Serve as an "Itemized Statement" Pursuant to Florida Statute 627.736(5)(d)

Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.

Appellate Division decision finds attorney-verified pleadings insufficient from both parties, highlighting need to support applications and oppositions on issues such as motions to dismiss, defaults, etc. with specific facts and likely affidavits.

2007 Medicare Part B Non-Facility Limiting Charge is Not a Fee Schedule, and Insurers are Permitted to Use Rates Established by Participating Physicians Fee Schedule When Reimbursing Diagnostic Codes, Thus Certifying Conflict with the Third DCA

Fourth District Court of Appeals reverses itself regarding application of the 2007 Medicare Part B Non-Facility Limiting PIP claims and certifies conflict with the Third District Court of Appeals.

Appellate court affirmed trial court’s determination that erroneous admission of evidence that defendant was terminated as a result of accident constituted “harmless error” and was not grounds for vacating judgment in favor of plaintiff.

Delaware court finds ‘issue of fact’ precluding summary judgment, despite metadata in photograph files proving the issue, that the court held was ‘an issue of material fact’ that precludes judgment as a matter of law.

Scheme to Defraud Insurance Carriers May Leave 'Runners' Walking Behind Bars

On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the Admissibility on Appeal

The National Spotlight on Traumatic Brain Injuries and its Growing Prevalence in the Legal Industry

Delaware ‘Meet and Confer’ Rule Requires Human Contact??!

Assignment of Benefits Contractor Precluded from Recovery Pursuant to Mortgagee Clause

Redefining the Scope of the Ongoing Storm Rule: What Recent New Jersey Appellate Division Decisions Tell Us About the Future of the Doctrine

Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments

Florida Legislature Passes the Roller Skating Rink Safety Act

Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims

Prejudgment Interest Accruing from Date of Accident: What Will This Mean for Residents, Courts?

Potential Clarity on Pennsylvania's Murky Products Liability Landscape

Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.

The Workers' Compensation Exclusivity Exception Must Be Narrowly Construed and the Contract at Issue Must Contain Sufficient Language to Establish a Third-Party Indemnity Obligation

An Expert Witness, Retained and Presented as a Life Care Planner, May Not Use Their Own Medical Opinion in Calculating Future Care When That Care is Not Recommended By a Treating Physician or Retained Medical Expert

Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even with Lights and Sirens on, For Purposes of Ohio Revised Code 2744.03.

Relying Upon Dicta Set Forth in Spencer v. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to Multiple Defendants Unless a Plaintiff Had Some Amount of Contributory Negligence

SCOTUS Grants Certiorari to Hear Marine Insurance Dispute

Not All Personal Injury Accidents Involving Repair Work are Applicable to New York Labor Law §241 Claims

Why Insurance Carriers' DPRPs Should be Specific as What Claims/Actions Are and Are Not Arbitrable to Protect Themselves Against Motions to Dismiss

In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.

District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts

Firm Highlights

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Delaware Superior Court Clarifies Pleading Standard for Legal Malpractice Claims

Defense Verdict in Complex Medical Malpractice Trial

No-Cause Jury Verdict Secured in Wrongful Death Trial

Fla. Workers' Comp Physician Dispensing Ruling Could Produce New Legislative Fight

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Appellate Division Affirms Dismissal of Legal Malpractice Counterclaim Against Martin Law Firm

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Summary Judgment Secured for Life Insurance Agent