Thought Leadership Search Results

2233 results

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
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
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
Appeals court held that alleged violation of Ohio’s Assured Clear Distance Ahead statute qualified as a separate cause of action, requiring specific analysis from trial court and dismissing appeal for failure of order to be a final judgment.
July 1, 2023
Case Law Alerts
District Court Ruled Plaintiff's Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of Law Due to Failure to Plead with Specificity of Facts Alleging Uber's Notice of Driver's Propensity to Engage in Alleged Conduct
July 1, 2023
Case Law Alerts
County Court Rules in Favor of Plaintiff Regarding Defendant's Use of Budget Neutrality Adjustor in Calculating Reimbursement Made for Plaintiff
July 1, 2023
Case Law Alerts
An Insurer Does Not Have a Duty to Investigate Potential Transportation Costs Unless Its Insured Notifies the Insurer That They Are Seeking a Claim for Same
July 1, 2023
Case Law Alerts
Fourth District Court of Appeals Affirms Trial Court Ruling that Assignee's Pre-Suit Demand Letter Was Not Precise as to Amount Claimed to be Due for Treatment of Insured, as Required by 627.736(10)
July 1, 2023
Case Law Alerts
New York Supreme Court Determines That Tenant of a Property is Not Liable for Plaintiff's Labor Law § 240 and Labor Law § 241 Claims Because Tenant Did Not Exercise Any Control Over Plaintiff's Work
July 1, 2023
Case Law Alerts
As a Result of Plaintiff's Unauthenticated Exhibits and Premature Filing of Suit, Court Sided with Defendant and Strengthened Case Law for Insurance Carriers Looking to Dismiss Lawsuits Filed Primarily to Obtain Attorney Fees
July 1, 2023
Case Law Alerts
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
July 1, 2023
Case Law Alerts
Court Grants Defendant's Motion to Dismiss and Compel Arbitration
July 1, 2023
Case Law Alerts
Sanctions Awarded After Court Determines Insurer Knew/Should Have Known its Improper Venue Defense Was Not Supported by Application of Existing Law to Material Facts Where Same Clause Had Been Determined Ambiguous by District Court of Appeal
July 1, 2023
What's Hot in Workers' Comp
WHAT’S HOT IN WORKERS’ COMP - NEWS AND RESULTS*
July 1, 2023
What's Hot in Workers' Comp
New Jersey Legislative Update
July 1, 2023
by Kiara K. Hartwell
Case Law Alerts
Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.
July 1, 2023
by Matthew J. Behr
Case Law Alerts
Regular use exclusion lives—for liability claims, at least.
July 1, 2023
by Christopher W. Woodward
Case Law Alerts
Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.
July 1, 2023
Case Law Alerts
Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.
July 1, 2023
Case Law Alerts
The Stand-Alone, Small Link to the Terms and Conditions Page of Defendant's Website Did Not Suffice to Waive the Plaintiff's Constitutional Rights
July 1, 2023
by Sara W. Mazzolla
Case Law Alerts
The EEOC’s investigatory powers are limited to the scope of a valid charge.
July 1, 2023
by Holly M. Hamilton
Case Law Alerts
The Lack of a Retainage Payment to General Contractor Did Not Bar Payment to the General Contractor's Subcontractors, Regardless of a Condition Precedent Requiring that the General Contract be Paid Before the Subcontractors
July 1, 2023
by Adam E. Levy
Case Law Alerts
Right of Indemnity Established Against Contractor When Contract for Service is Unambiguous, Containing Explicit Hold Harmless and Damages Responsibility Provisions, and Subcontractor's Job-Related Actions Result in Property Damage
July 1, 2023
by Lisa L. Maeyer
Case Law Alerts
Third Circuit holds Uber drivers are not exempt from Federal Arbitration Act and are subject to binding arbitration.
July 1, 2023
by Michael C. Burke
Case Law Alerts
The en banc Third Circuit concludes citizens with prior felony convictions for welfare fraud are among ‘the people’ protected by the Second Amendment.
July 1, 2023
by Joshua W. Brownlie
Case Law Alerts
Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.
July 1, 2023
by Michael C. Burke
Case Law Alerts
Broker-Dealer Found Grossly Negligent for Employees' Ponzi Scheme Operated Out of its Offices
July 1, 2023
by Ryan P. Friel
Case Law Alerts
Arbitrator Finds No Extraordinary Circumstances Existed That Would Permit the Equitable Tolling of FINRA's Six-Year Eligibility Rule
July 1, 2023
by Ryan P. Friel
Case Law Alerts
Refusal to provide voluntary inpatient examination and treatment to persons who submit for examination now subject to review under Pennsylvania’s Mental Health Procedures Act.
July 1, 2023
Case Law Alerts
Pennsylvania Commonwealth Court notes that walking across undeveloped land carries an inherent risk of falling over depressions.
July 1, 2023
by Benjamin M.H. Goshko

Thought Leadership

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

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.

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)

Appeals court held that alleged violation of Ohio’s Assured Clear Distance Ahead statute qualified as a separate cause of action, requiring specific analysis from trial court and dismissing appeal for failure of order to be a final judgment.

District Court Ruled Plaintiff's Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of Law Due to Failure to Plead with Specificity of Facts Alleging Uber's Notice of Driver's Propensity to Engage in Alleged Conduct

County Court Rules in Favor of Plaintiff Regarding Defendant's Use of Budget Neutrality Adjustor in Calculating Reimbursement Made for Plaintiff

An Insurer Does Not Have a Duty to Investigate Potential Transportation Costs Unless Its Insured Notifies the Insurer That They Are Seeking a Claim for Same

Fourth District Court of Appeals Affirms Trial Court Ruling that Assignee's Pre-Suit Demand Letter Was Not Precise as to Amount Claimed to be Due for Treatment of Insured, as Required by 627.736(10)

New York Supreme Court Determines That Tenant of a Property is Not Liable for Plaintiff's Labor Law § 240 and Labor Law § 241 Claims Because Tenant Did Not Exercise Any Control Over Plaintiff's Work

As a Result of Plaintiff's Unauthenticated Exhibits and Premature Filing of Suit, Court Sided with Defendant and Strengthened Case Law for Insurance Carriers Looking to Dismiss Lawsuits Filed Primarily to Obtain Attorney Fees

When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.

Court Grants Defendant's Motion to Dismiss and Compel Arbitration

Sanctions Awarded After Court Determines Insurer Knew/Should Have Known its Improper Venue Defense Was Not Supported by Application of Existing Law to Material Facts Where Same Clause Had Been Determined Ambiguous by District Court of Appeal

WHAT’S HOT IN WORKERS’ COMP - NEWS AND RESULTS*

New Jersey Legislative Update

Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.

Regular use exclusion lives—for liability claims, at least.

Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.

Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.

The Stand-Alone, Small Link to the Terms and Conditions Page of Defendant's Website Did Not Suffice to Waive the Plaintiff's Constitutional Rights

The EEOC’s investigatory powers are limited to the scope of a valid charge.

The Lack of a Retainage Payment to General Contractor Did Not Bar Payment to the General Contractor's Subcontractors, Regardless of a Condition Precedent Requiring that the General Contract be Paid Before the Subcontractors

Right of Indemnity Established Against Contractor When Contract for Service is Unambiguous, Containing Explicit Hold Harmless and Damages Responsibility Provisions, and Subcontractor's Job-Related Actions Result in Property Damage

Third Circuit holds Uber drivers are not exempt from Federal Arbitration Act and are subject to binding arbitration.

The en banc Third Circuit concludes citizens with prior felony convictions for welfare fraud are among ‘the people’ protected by the Second Amendment.

Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.

Broker-Dealer Found Grossly Negligent for Employees' Ponzi Scheme Operated Out of its Offices

Arbitrator Finds No Extraordinary Circumstances Existed That Would Permit the Equitable Tolling of FINRA's Six-Year Eligibility Rule

Refusal to provide voluntary inpatient examination and treatment to persons who submit for examination now subject to review under Pennsylvania’s Mental Health Procedures Act.

Pennsylvania Commonwealth Court notes that walking across undeveloped land carries an inherent risk of falling over depressions.

Firm Highlights

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

Dismissal Obtained in New Jersey Realtor Liability Case

Ethical Remote Practice of Law in a Post-Pandemic World

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

Successfully Prosecuted Workers’ Compensation Termination Petition

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

Best Lawyers in America Recognition

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

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

Favorable Verdict Obtained in Palm Beach County Property Damage Case