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Publications
Recent ruling by PA federal court confirms construction defect claims are not covered by Commercial General Liability policies.
While most states treat claims seeking damages for defective or faulty workmanship as covered under Commercial General Liability (CGL) policies, a recent United States District Court ruling confirms that Pennsylvania belongs to the small group of
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
No implied payment contract for duration of policy established where insured is entitled to change broker of record.
The plaintiff, an insurance broker, sued its insurance customer (defendant) for purportedly changing its broker of record, thus forfeiting the plaintiff’s ability to collect premiums on the policies placed for the defendant.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.
The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.
The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted on legal malpractice action where plaintiff failed to timely produce an expert report.
The plaintiff in this legal malpractice action failed to produce an expert report by the deadline provided in the case management order.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted and entitlement to good faith immunity pursuant to the New Jersey Tort Claims Act and due to plaintiff’s failure to establish causation.
The Estate alleged that the Piscataway Police Department and its officer failed to recognize Yearby’s mental illness, which led to his death at the Middlesex County Correctional Facility.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
FINRA censures and fines broker-dealer for use of instant messaging app.
A FINRA registered broker-dealer had written procedures that prohibited the use of instant messages for business purposes unless the firm granted an individual permission to use them.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Court affirms Board’s decision, rejects employer’s arguments it was denied due process of law by refusal to allow certain evidence and improper determination that implied agreement existed for more severe injury than what was agreed to by the parties.
Ms. Gallagher injured her low back in a work accident on June 13, 2018. The employer acknowledged the accident and paid total disability benefits, medical expenses and a 7% permanent impairment to the lumbar spine.
What’s Hot in Workers’ Comp
Court finds that claimant’s counsel was due a fee by the employer/carrier on an increase in the claimant’s average weekly wage.
The claimant requested adjustment of the average weekly wage as well as fee entitlement to claimant’s counsel.
What’s Hot in Workers’ Comp
The Appellate Division Affirms Dismissal of Petitioner’s Three Claim Petitions for Failure to Sustain Burden of Proof.
The petitioner began working for the respondent in 1999. In 2001, she was struck by a car and her right hand went through the windshield. She underwent surgery to repair her hand and another later to remove a neuroma.
What’s Hot in Workers’ Comp