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Publications
The Affidavit of Merit statute requires the affidavit to be served within 60 days of the licensed professional’s answer. However, that deadline is not draconian.
The appellate division grappled with the meaning of the Affidavit of Merit (AOM) statute in light of a filing that
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.
An amusement park patron claimed that an unidentified employee, dressed as a clown, frightened her when she was in attendance at the park during a Hall-o-Scream event, causing her to f
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An operator’s duty to stop a ride when a patron is contributorily negligent in engaging in “horseplay.”
When a child unlatched a restraining chain from a swing ride and was thrown from a ride, under the state’s version
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Question of fact as to coverage for gross negligence when employee fails to stop a ride resulting in fatal injuries to coworker.
Factual issues, such as the notice and delay and/or the operator’s abandonment of his post to stop a conveyor belt, were found to be enough to reverse summary judgment on the issue of
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court refuses to admit deposition errata on cause of accident.
The First Department refused to consider a deposition errata sheet that changed the cause of the plaintiff’s slip-a
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A complaint cannot consist of conclusory allegations devoid of factual support.
The plaintiffs sought to have the Insurance Fraud Prevention Act (IFPA) repealed and declared unconstitutional.
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Appellate Division finds that the plaintiff met the extraordinary circumstances exception to the 90-day requirement to serve a tort claims notice.
The Appellate Division of New Jersey reversed a denial of the plaintiff’s motion to file a late tort claims notice
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Efforts to avoid arbitration for a minor’s injuries did not succeed even though the minor signed his own waiver.
After the parents filed suit, the defendant filed a motion to compel arbitration.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Florida court upholds summary judgment for high school based on a pre-game release to play soccer.
An executed pre-game release barred a claim of negligence.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Defamation claim found not to be part of arbitration agreement in youth soccer.
A minor participating in sports brought three claims when she was dismissed from the team.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int