Casualty

Thought Leadership

Case Law Alerts
Application of Assumption-of-Risk and Waiver-of-Liability Clauses in Member Agreement Upheld Regarding Slip and Fall, and Denial of Oral Attempt to Amend Pleading to Add Claim for Gross Negligence Affirmed
January 3, 2022
by Sara W. Mazzolla
Case Law Alerts
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
January 3, 2022
by Benjamin M.H. Goshko
Case Law Alerts
In trade secrets dispute, award of attorneys fees as spoliation sanction was upheld for failure to preserve electronic records and suspend automatic deletion policies.
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
Court of Appeals Affirms Summary Judgment for Rideshare Company Based in Part, on Transportation Network Company Statute
January 3, 2022
by Thomas F. Brown
Case Law Alerts
Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.
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
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
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
Court Rules Labor Law 240(1) Applicable to Pulling Forces
January 3, 2022
by Adam C. Calvert
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
Let It Snow
December 1, 2021
by Carolyn Kelly Bogart
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
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
After ‘Tincher,’ Evidence of Industry Standards Should be Admissible in PI Litigation
November 4, 2021
by Michael A. Salvati
Case Law Alerts
In applying Pennsylvania law, federal district court held that property owner does not owe duty to business invitee if actual or constructive notice of dangerous condition was not established.
October 1, 2021
by Lauren E. Purcell
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
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
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
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
Summary Judgment Granted on Claim of Ordinary Negligence for Failure to Prevent Loose Object from Striking Patron on a Roller Coaster
October 1, 2021
Case Law Alerts
Partial Dismissal Granted Under Fed. R Civ.P 12(b)(6) for Failure to Pled a Feasible Alternative Design
October 1, 2021
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

Application of Assumption-of-Risk and Waiver-of-Liability Clauses in Member Agreement Upheld Regarding Slip and Fall, and Denial of Oral Attempt to Amend Pleading to Add Claim for Gross Negligence Affirmed

Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.

In trade secrets dispute, award of attorneys fees as spoliation sanction was upheld for failure to preserve electronic records and suspend automatic deletion policies.

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

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

Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.

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

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

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.

Court Rules Labor Law 240(1) Applicable to Pulling Forces

Defending Ride-Hailing and Car-Sharing Claims

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

Let It Snow

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

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

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

In applying Pennsylvania law, federal district court held that property owner does not owe duty to business invitee if actual or constructive notice of dangerous condition was not established.

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?

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.

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.

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

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

Partial Dismissal Granted Under Fed. R Civ.P 12(b)(6) for Failure to Pled a Feasible Alternative Design

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.

Firm Highlights

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

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

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

Defense Verdict in Complex Medical Malpractice Trial

Pennsylvania Appellate Update 2025-2026

Delaware Superior Court Clarifies Pleading Standard for Legal Malpractice Claims

Summary Judgment Secured for Life Insurance Agent

Marshall Dennehey Names Carolyn Schweizer New Philadelphia Office Managing Attorney

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

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