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Publications
Foreign Insurer, Whose Agents Are Located in Hillsborough County, Granted Motion to Transfer Venue from Miami-Dade County to Hillsborough County
The instant suit was filed by the plaintiff, Preziosi West/East Orlando Chiropractic Clinic, LLC a/a/o Jayne Bemba, against First Acceptance Insurance Company in relation to an alleged breach of contract arising out of an alleged failure to pay PI
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable
The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement agreement arising from a voluntarily-entered mediation.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Court of Appeals Addressed Primary Assumption of the Risk Doctrine
Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary judgment on liability even if the plaintiff had comparative fault. See CPLR 1411.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Reviews Exceptions to Res Judicata for the First Time
Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an exception.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages
The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center line of the road and into the plaintiff’s path.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third District Court of Appeals Clarifies the Rules Surrounding Third-Party Intervention
The Third District Court of Appeal rules that the trial court abused its discretion in denying the medical providers’ and assignees’ motion to intervene in a declaratory judgment action between an insurer and an insured.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed
The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback scheme in connection to New Jersey Personal Injury Protection (PIP) benefits.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar
The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous Condition
The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to purchase gas and fuel.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”
A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety information after a product is already on the market?
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.