Casualty

Thought Leadership

Case Law Alerts
Driving a bus is “ministerial” in nature and public transit operations in NJ are not immune from bus driver’s breach of applicable negligence standard.
January 3, 2022
Case Law Alerts
Federal Court Interpretation Finds Plaintiff Did Not Properly Allege Uber was Common Carrier or Negligent in Hiring, Retention, Supervision of Alleged Sexual Perpetrator - Did Amply Allege Claims of Negligent Misrepresentation, Deceptive Trade Practices
January 3, 2022
Case Law Alerts
It is not a departure from essential requirements of law to permit discovery about financial relationship between defendant’s nonparty law firm and its expert witness.
January 3, 2022
Case Law Alerts
Biomechanics expert overcomes motion to preclude his testimony, and Delaware Superior Court reaffirms criteria required for admissibility.
January 3, 2022
Case Law Alerts
Erroneous execution of “Connecticut Consent Form” for election of uninsured motorist coverage does not bind insurer if insured proves intent to reject coverage.
January 3, 2022
Case Law Alerts
School board does not owe duty to student to warn of dangers posed by busy roadway or when student is walking to bus stop.
January 3, 2022
Case Law Alerts
Injuries from act of third party can be foreseeable consequence of failure to exercise care to prevent physical harm to others when rendering services and undertaking responsibility for safety of others.
January 3, 2022
Case Law Alerts
Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.
January 3, 2022
Case Law Alerts
Plaintiff’s Labor Law § 240 Claim Dismissed Because the Accident Did Not Involve a Gravity Related Incident
January 3, 2022
Case Law Alerts
When initial pleadings are sufficient, motions seeking dismissal of punitive damages at onset of litigation should be denied.
January 3, 2022
Case Law Alerts
Seeking dismissal for Insurance Fraud Prevention Act claim based upon lack of Affidavit of Merit will likely not be found viable.
January 3, 2022
by Ariel C. Brownstein
Case Law Alerts
Discovery rule does not apply to toll statute of limitations where plaintiff failed to timely discover secondary basis for liability.
January 3, 2022
Case Law Alerts
Court of Appeals Affirms Summary Judgment for Rideshare Company Based in Part, on Transportation Network Company Statute
January 3, 2022
by Thomas F. Brown
Defending Ride-Hailing and Car-Sharing Claims
January 1, 2022
by Thomas F. Brown and Patrick M. DeLong
Pennsylvania Supreme Court Rules Part of Jurisdictional Statute Unconstitutional, Taking Forum Shopping Tool Out of Plaintiffs’ Toolkit
December 27, 2021
by Michael A. Salvati
Defense Digest
Transferring a Plaintiff’s Burden to the Court: In-Camera Inspections Are a Necessary Burden for Most Courts in Ohio
December 1, 2021
by Jillian L. Dinehart
Defense Digest
On the Pulse…Our Product Liability Practice Group
December 1, 2021
by Bradley D. Remick and Vlada Tasich
Defense Digest
The Fair Share Act in Spencer Is Not the Law, But It Just Might Become the Law
December 1, 2021
by Thomas McKenzie
Does the Fair Share Act Apply to Faultless Plaintiffs? A Defense Position In the Wake of Spencer v. Johnson
December 1, 2021
by Joseph V. Lesinski and Brad E. Haas
Defense Digest
Let It Snow
December 1, 2021
by Carolyn Kelly Bogart
After ‘Tincher,’ Evidence of Industry Standards Should be Admissible in PI Litigation
November 4, 2021
by Michael A. Salvati
Case Law Alerts
The Twombly/Iqbal Plausibility Standard Applies to Maritime Complaint Seeking Exoneration from or Limitation of Liability Pursuant to 46 U.S.C. § 30511 et Seq.
October 1, 2021
by Christopher J. DiCicco
Case Law Alerts
Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?
October 1, 2021
by Megan J. Nelson
Case Law Alerts
Supreme Court of Pennsylvania adopted “notice inquiry” approach to discovery rule when deciding whether applicable statute of limitations period was tolled.
October 1, 2021
by Lauren E. Purcell
Case Law Alerts
Defective service will not result in dismissal of action if there are no facts to show an intention to stall the judicial machinery and no resulting prejudice.
October 1, 2021
by Lauren E. Purcell
Case Law Alerts
Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.
October 1, 2021
Case Law Alerts
No Unlawful Practice of Dentistry as Defendant Did Not Control Clinical Treatment to Patients or Dentists with Whom it Contracted
October 1, 2021
by Ariel C. Brownstein
Case Law Alerts
Summary Judgment Affirmed for Water Park as No Duty to Patron to Assist in Getting on Lazy River Inner Tube
October 1, 2021
Case Law Alerts
Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.
October 1, 2021
by Lauren E. Purcell
Case Law Alerts
Summary Judgment Granted on Claim of Ordinary Negligence for Failure to Prevent Loose Object from Striking Patron on a Roller Coaster
October 1, 2021

Driving a bus is “ministerial” in nature and public transit operations in NJ are not immune from bus driver’s breach of applicable negligence standard.

Federal Court Interpretation Finds Plaintiff Did Not Properly Allege Uber was Common Carrier or Negligent in Hiring, Retention, Supervision of Alleged Sexual Perpetrator - Did Amply Allege Claims of Negligent Misrepresentation, Deceptive Trade Practices

It is not a departure from essential requirements of law to permit discovery about financial relationship between defendant’s nonparty law firm and its expert witness.

Biomechanics expert overcomes motion to preclude his testimony, and Delaware Superior Court reaffirms criteria required for admissibility.

Erroneous execution of “Connecticut Consent Form” for election of uninsured motorist coverage does not bind insurer if insured proves intent to reject coverage.

School board does not owe duty to student to warn of dangers posed by busy roadway or when student is walking to bus stop.

Injuries from act of third party can be foreseeable consequence of failure to exercise care to prevent physical harm to others when rendering services and undertaking responsibility for safety of others.

Plaintiff waives PIP coverage in Maryland but is entitled to PIP coverage in Delaware.

Plaintiff’s Labor Law § 240 Claim Dismissed Because the Accident Did Not Involve a Gravity Related Incident

When initial pleadings are sufficient, motions seeking dismissal of punitive damages at onset of litigation should be denied.

Seeking dismissal for Insurance Fraud Prevention Act claim based upon lack of Affidavit of Merit will likely not be found viable.

Discovery rule does not apply to toll statute of limitations where plaintiff failed to timely discover secondary basis for liability.

Court of Appeals Affirms Summary Judgment for Rideshare Company Based in Part, on Transportation Network Company Statute

Defending Ride-Hailing and Car-Sharing Claims

Pennsylvania Supreme Court Rules Part of Jurisdictional Statute Unconstitutional, Taking Forum Shopping Tool Out of Plaintiffs’ Toolkit

Transferring a Plaintiff’s Burden to the Court: In-Camera Inspections Are a Necessary Burden for Most Courts in Ohio

On the Pulse…Our Product Liability Practice Group

The Fair Share Act in Spencer Is Not the Law, But It Just Might Become the Law

Does the Fair Share Act Apply to Faultless Plaintiffs? A Defense Position In the Wake of Spencer v. Johnson

Let It Snow

After ‘Tincher,’ Evidence of Industry Standards Should be Admissible in PI Litigation

The Twombly/Iqbal Plausibility Standard Applies to Maritime Complaint Seeking Exoneration from or Limitation of Liability Pursuant to 46 U.S.C. § 30511 et Seq.

Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?

Supreme Court of Pennsylvania adopted “notice inquiry” approach to discovery rule when deciding whether applicable statute of limitations period was tolled.

Defective service will not result in dismissal of action if there are no facts to show an intention to stall the judicial machinery and no resulting prejudice.

Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.

No Unlawful Practice of Dentistry as Defendant Did Not Control Clinical Treatment to Patients or Dentists with Whom it Contracted

Summary Judgment Affirmed for Water Park as No Duty to Patron to Assist in Getting on Lazy River Inner Tube

Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.

Summary Judgment Granted on Claim of Ordinary Negligence for Failure to Prevent Loose Object from Striking Patron on a Roller Coaster

Firm Highlights

Dismissal Obtained in New Jersey Realtor Liability Case

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

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

Successfully Prosecuted Workers’ Compensation Termination Petition

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

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

Best Lawyers in America Recognition

Favorable Verdict Obtained in Palm Beach County Property Damage Case