.png)
Publications
FINRA panel authorizes hold on customer account.
The claimant alleged that the respondent broker-dealer failed to return the cash balance in the claimant’s account after the account closed.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Broker wins directed verdict but loses expungement request.
The claimant asserted allegations on behalf of her IRA and Family Trust, including breach of contract, fraud (
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
NJ Appellate Division addresses applicability of arbitration provisions in two separate decisions involving amusement parks.
First, in Matullo v. Skyzone Trampoline Park, the New Jersey appellate division addressed whether an arbitration provision contained in a participation agreement signed by a 15-year-old was enforceable.
Case Law Alerts, 3rd Quarter, July
There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.
The Second Department held that a property owner was entitled to summary judgment in a case involving a slip and fall on snow and ice under the Storm in Progress Doctrine, which states that a property owner is not liable for a snow and ice conditi
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Trial court erred when it failed to review evidence in the light most favorable to plaintiff.
This case concerned a fall by the plaintiff at Harrah’s casino in Chester, Pennsylvania, on a torn section of carpeting.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Appellate court may tend to exclude summary judgment even if plaintiff cannot identify with specificity the defect that caused accident.
This case concerns a fall by the plaintiff at her daughter’s bowling tournament. The plaintiff fell on her way to the restroom over what she described as a raised divot, seam, bump or crack which could not actually be seen with the eye.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Trial court denies product manufacturer’s motion in limine, adding to conflicting case law on issue of admissibility of compliance with industry standards.
The trial court denied the defendant product manufacturer’s motion in limine and ruled that compliance with industry standards remains inadmissible in a strict product liability case.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
California court reverses summary judgment in favor of Uber and its independent driver.
The plaintiff claimed he was injured when he was knocked off the back of a garbage truck after striking the open rear door of an Uber vehicle. A rear rider in the Uber vehicle had just opened the door into traffic to exit the vehicle.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Federal District Court rejects attempt to defeat diversity by conflating multiple residences versus single domicile and by seeking to join non-necessary party.
The defendants, Gonzalez and his employer, FedEx, properly removed this matter from state to federal court based on diversity.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
DE Superior Court denies truck driver’s motion for summary judgment despite clear evidence of right-of-way and plaintiff’s failure to yield.
Clear right-of-way determinations and the failure of one operator to yield to the operator(s) with the right-of-way in many states is often clear evidence of per se negligence that must be rebutted by the opposing party with evidence of a
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole