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Publications
When there are factual disputes, the parties present those disputes to a jury of their peers for resolution. The factual disputes here require a jury trial to resolve.
The plaintiff alleged excessive force, false arrest, failure to intervene and municipal liability against the City of Vineland and its police officers.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Skiing off trail is an inherent risk of skiing under the Pennsylvania Skier’s Responsibility Act.
The United States District Court for the Middle District of Pennsylvania upheld the ski resort’s summary judgment.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Skiing into snow-making equipment may not be an inherent risk of the sport in Pennsylvania.
The court denied summary judgment, finding material issues of fact regarding why a skier collided with snow-making equipment.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
The Statute of Repose in New Jersey does not apply to manufacturer of a seat and harness devise of a ride.
The defendants sought to bar a second amended complaint.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Court awards spoliation sanction for failure to appear for an IME before surgery.
The court granted the defendant’s motion for spoliation for the plaintiff’s failure to appear for an IME before surgery.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Seeking injunctive relief to stop parallel arbitrations while a fraud claim is pending is considered a drastic remedy.
The plaintiffs filed suit against the defendants, seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges.
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Supreme Court of Pennsylvania dismisses appeal in mammoth bad faith judgment case.
“[T]he Court being divided in a fashion which prevents a majority disposition, the appeal is DISMISSED.” In those sixteen words, the Pennsylvania Supreme Court
Case Law Alerts, 4th Quarter, October 2020 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments
Where an employer was on notice of a claimant’s work injury and did not timely issue an NCP as required by the Act, there was no reasonable basis to contest the claim petition and an award of attorney fees under § 440(a) of the Act should have been made.
The claimant sustained a work injury to his left arm on February 27, 2016, and gave the employer notice of the injury
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of intere
Volunteering to maintain a park does not establish ownership or control for liability for injury from tree.
The plaintiff’s action for injury—a tree limb fell on her at a little league game—was dismissed as she failed to establish: (1) sufficient injuries pursuant to t
Case Law Alerts, 3rd Quarter, July 202
Creative effort at class action for gym initiation fees fails in New Jersey.
The plaintiff, an individual who signed up for a fitness membership, brought a class action suit under the Retail Installment Sales Act (RISA), N.J.S.A.
Case Law Alerts, 3rd Quarter, July 202