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Publications
Federal District Court orders disclosure of driver-facing video, finding it is not protected work product nor excludable from discovery based on relevancy.
In this wrongful death action, at issue was a dual-facing dashboard camera that recorded not only front-facing video but video of the driver himself at the time of and prior to the collision.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Service of Notice of Claim on unaffiliated state agency did not satisfy requirement to timely and directly serve NJ Department of Transit in personal injury matter arising out of motor vehicle accident.
In a matter stemming from a motor vehicle accident involving the plaintiff and a New Jersey Transit bus operated by its employee and the defendant driver, there was no disagreement that the plaintiff erroneously served a Notice of Claim on the Tor
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
OH court rejects argument that failure to remove truck entirely from roadway could be considered proximate cause of accident and was triable issue of fact for the jury.
The appellate court affirmed summary judgment in favor of the defendant truck driver and defendant trucking company when the plaintiff rear-ended the vehicle when driving while intoxicated.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
PA appellate court affirms trial court, upholds exclusive remedy provisions of Workers’ Compensation Act by beneficiary even though plaintiff did not qualify for any benefits under Workers’ Compensation Act.
Transportation companies are often confronted with workers’ compensation issues due to unfortunate events resulting in death or serious injury to their employees.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
NY Appellate Division rules a “termination letter” could be of probative value on issue of negligence and is discoverable even in absence of negligent hiring or retention claim.
Plaintiffs in New York generally cannot maintain claims of negligent hiring, retention, training, supervision, etc.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
New Jersey extends the statute of limitations in construction cases involving planned real estate development associations.
N.J.S.A. 2A:14-1 has been amended to add a new subsection.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Recent ruling by PA federal court confirms construction defect claims are not covered by Commercial General Liability policies.
While most states treat claims seeking damages for defective or faulty workmanship as covered under Commercial General Liability (CGL) policies, a recent United States District Court ruling confirms that Pennsylvania belongs to the small group of
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
No implied payment contract for duration of policy established where insured is entitled to change broker of record.
The plaintiff, an insurance broker, sued its insurance customer (defendant) for purportedly changing its broker of record, thus forfeiting the plaintiff’s ability to collect premiums on the policies placed for the defendant.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Punitive damages awarded against attorney in legal malpractice action where attorney found to be derelict in providing representation to client.
The trial court, in a rare action, granted summary judgment to the plaintiffs in this legal malpractice action, finding that reasonable minds could not disagree that the defendant attorney had committed malpractice sounding in both negligence and
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Gist of the action doctrine bars legal malpractice claim sounding in breach of contract when no breach of specific contractual promise is alleged.
The trial court dismissed the plaintiff’s legal malpractice claim sounding in breach of contract where the amended complaint did not allege facts to support that the defendant law firms breached any “specific executory promise.” The plaintiff alle
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole