Casualty

Thought Leadership

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
Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.
April 1, 2023
Case Law Alerts
Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.
April 1, 2023
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
Case Law Alerts
To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.
April 1, 2023
Case Law Alerts
Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.
April 1, 2023
Case Law Alerts
Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.
April 1, 2023
Legal Update for Florida Civil Litigation
Florida Passes Tort Reform: What You Need to Know
March 27, 2023
by Kimberly Kanoff Berman and Alan C. Nash
When Is It Too Late to Change Your Theory of the Case?
March 10, 2023
by Jennifer M. Meyers
Defense Digest
Commonwealth Court Affirms Trial Court’s Decision to Determine Jerk and Jolt Burden as a Matter of Law
March 1, 2023
Defense Digest
Managing Stricter Case Management Orders
March 1, 2023
Defense Digest
Sometimes Discovery Disputes Can Be Interesting
March 1, 2023
by Laurianne Falcone
Defense Digest
On the Pulse…Our Rideshare Liability Practice Group
March 1, 2023
by Thomas F. Brown and Patrick M. DeLong
The Pennsylvania Lawyer
Pa. Supreme Court Must Defend Established Venue Standard
February 17, 2023
by Michael A. Salvati
Protecting Your Bar From Claims in the Wake of ‘Mortimer’
February 15, 2023
by Patrick T. Reilly and Lauren E. Purcell
A Two-Pronged Test Becomes One: Why the Superior Court's Venue Decision in Hangey Departs from Decades of Prior Precedent
January 31, 2023
by Michael A. Salvati
Is Porsche Paving a New Sales Model or Will Dealerships Still Have a Collection of Cars?
January 11, 2023
Risk Management
Managing Liability for Videoconferencing While Driving
January 3, 2023
by Brad E. Haas
Case Law Alerts
Superior Court of Pennsylvania Finds Uber Cannot Compel Arbitration Based on Browser App Agreement
January 1, 2023
by Thomas F. Brown
Case Law Alerts
Uber Eats Driver Not Entitled to UIM Benefits Under Uber Eats' Insurance Policy
January 1, 2023
Case Law Alerts
Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.
January 1, 2023
Case Law Alerts
Appellate court reverses trial court and enforces arbitration provision of equipment lease and transportation agreement.
January 1, 2023
Case Law Alerts
The Court Found that the Plaintiff had no Triable Issue of Material Fact to Support a Claim of Gross Negligence Against the Defendant Fitness Facility.
January 1, 2023
by Sara W. Mazzolla
Case Law Alerts
New York Appellate Division, First Department Determined that a Gang Box Lid Falling on an Employee Would Not Be Considered a Violation Under New York Labor Law §240
January 1, 2023
Case Law Alerts
Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Simply Pleading Design and Manufacturing Defects is Not Enough to Overcome a Rule 12 Motion to Dismiss
January 1, 2023
by Oswald P. Clark
Case Law Alerts
Ohio Supreme Court Addresses Stringent Standard to Defeat a Question-of-Fact Argument
January 1, 2023
by Jillian L. Dinehart

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.

Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.

Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.

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

To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.

Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.

Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.

Florida Passes Tort Reform: What You Need to Know

When Is It Too Late to Change Your Theory of the Case?

Commonwealth Court Affirms Trial Court’s Decision to Determine Jerk and Jolt Burden as a Matter of Law

Managing Stricter Case Management Orders

Sometimes Discovery Disputes Can Be Interesting

On the Pulse…Our Rideshare Liability Practice Group

Pa. Supreme Court Must Defend Established Venue Standard

Protecting Your Bar From Claims in the Wake of ‘Mortimer’

A Two-Pronged Test Becomes One: Why the Superior Court's Venue Decision in Hangey Departs from Decades of Prior Precedent

Is Porsche Paving a New Sales Model or Will Dealerships Still Have a Collection of Cars?

Managing Liability for Videoconferencing While Driving

Superior Court of Pennsylvania Finds Uber Cannot Compel Arbitration Based on Browser App Agreement

Uber Eats Driver Not Entitled to UIM Benefits Under Uber Eats' Insurance Policy

Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.

Appellate court reverses trial court and enforces arbitration provision of equipment lease and transportation agreement.

The Court Found that the Plaintiff had no Triable Issue of Material Fact to Support a Claim of Gross Negligence Against the Defendant Fitness Facility.

New York Appellate Division, First Department Determined that a Gang Box Lid Falling on an Employee Would Not Be Considered a Violation Under New York Labor Law §240

Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.

Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.

City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.

Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.

Simply Pleading Design and Manufacturing Defects is Not Enough to Overcome a Rule 12 Motion to Dismiss

Ohio Supreme Court Addresses Stringent Standard to Defeat a Question-of-Fact Argument

Firm Highlights

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Florida Second DCA Clarifies the Timing of Negligence Claims Against Insurance Brokers

New Jersey Supreme Court Clarifies That Insurance Brokers, Producers, and Agents Are Not Exempt from Consumer Fraud Act Liability

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

No-Cause Jury Verdict Secured in Wrongful Death Trial

Defense Verdict in Complex Medical Malpractice Trial

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

Insurance Broker Best Practices to Reduce AI-Related E&O Risk

Summary Judgment Secured for Life Insurance Agent

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