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Publications
Toxicology expert’s testimony of his ability to testify on habitual alcohol addiction is properly excluded.
A bar and restaurant was sued pursuant to the Florida Dram Shop Act after its off-duty employee killed and injured several scooter riders on his way home from the bar. After work, the employee consumed two alcoholic drinks at the bar.
Case Law Alerts, 1st Quarter, January 2019
Deference to the jury – it’s not on the law but discretionary balancing.
The court denied the defendant’s CPLR 4404(a) motion to set aside a jury verdict in favor of the plaintiff. The defendant’s motion to set aside was on the issue of liability.
Case Law Alerts, 1st Quarter, January 2019
Plaintiff's refusal of blood transfusion leads to precedent for the admission of a consent form even when there is no informed consent claim in the case, post Brady.
The plaintiff, Estate of Terri Seels-Davila, claimed the defendants, Hahnemann University Hospital and Drexel University College of Medicine, negligently mana
Case Law Alerts, 1st Quarter, January 2019
To establish a claim for employment discrimination based on religious beliefs, an employee must inform an employer of those beliefs prior to an alleged discriminatory action to establish a prima facie case.
Brown asserted claims of unlawful discrimination under Title VII, claiming the defendant unlawfully terminated her after failing to accommodate her unspecified religious beliefs.
Case Law Alerts, 1st Quarter, January 2019
Without a ratcheting-up of harassment or a new additional form of harassment, a single incident of physical intimidation is insufficient to establish constructive discharge or an increase in discrimination or harassment in a retaliatory employment action.
The plaintiff, an African American and Caucasian transgender male, alleged employment discrimination and retaliation.
Case Law Alerts, 1st Quarter, January 2019
Legal Updates for Construction Litigation
A Chapter 558 Notice Now Stops the Clock on the Statute of Repose
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Pennsylvania Supreme Court accepts review to determine whether evidence of known risks and complications of a procedure may be admitted at trial in a medical malpractice matter when plaintiff does not pursue a claim for failure to obtain informed consent.
The Pennsylvania Supreme Court granted review in this matter to determine whether or not the Pennsylvania Superior Court committed an error of law when it reversed and remanded the matter for a new trial, directing the trial court to exclude evide
Case Law Alerts, 4th Quarter, October 2018
A claim for legal malpractice accrues when an attorney's breach of professional duty proximately causes a plaintiff's damages.
The plaintiffs appealed from an order dismissing their complaint against the defendant for legal malpractice based on the entire controversy doctrine.
Case Law Alerts, 1st Quarter, January 2018
Legal Updates for Construction Litigation
Florida Supreme Court Rules Ch. 558 Is a "Suit"
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Legal Updates for Construction Litigation
Expert Testimony and Professional Negligence Claims