.png)
Publications
Right of indemnity established against contractor when contract for service is unambiguous, containing explicit hold harmless and damages responsibility provisions, and subcontractor’s job-related actions result in property damage.
The plaintiff, a construction entity, originally contracted with the defendant to provide finished concrete products to a construction site.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Appellate Court holds expert testimony not required to support claim for bad faith.
The Ohio Second District Court of Appeals reversed summary judgment in favor of an insurer and remanded the case back to the trial court for further proceedings, holding that the plaintiff did not need an expert to proceed to trial on a bad faith
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Arbitrator finds no extraordinary circumstances existed that would permit the equitable tolling of FINRA’s six-year eligibility rule.
In an action filed in 2022 involving allegations of breach of fiduciary duty, negligence and fraud related to certain unspecified securities, an arbitrator granted the respondent broker-dealer’s motion to dismiss pursuant to FINRA Rule 12206.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
In order to qualify for unemployment benefits, the unemployed individual must be able and available to work.
The plaintiff had been out of work for medical reasons for several months.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The EEOC’s investigatory powers are limited to the scope of a valid charge.
The EEOC issued an employment discrimination charge to a car components manufacturer. In its charge, the EEOC stated the specific address for only one of the manufacturer’s seven facilities.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Broker-dealer found grossly negligent for employees’ Ponzi scheme operated out of its offices.
A group of investors alleged causes of action, including breach of fiduciary duty and respondeat superior, against the broker-dealer for its failure to supervise four of its employees who operated a Ponzi scheme out of the broker-dealer’s
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The lack of a retainage payment to a general contractor did not bar payment to the general contractor’s subcontractors, regardless of a condition precedent requiring that the general contract be paid before the subcontractors.
As addressed in the unreported case of J &M Interiors, Inc. v. Centerton Square Owners, LLC, (A-2536-19, 2021 WL 1976648 (N.J. Super. Ct. App. Div.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court: Yes, we actually mean actual authority for an actual settlement of a civil case.
Driscoll and King were partners in a venture operating a restaurant. Their relationship soured, and so as not to sour matters for their customers, they sought to separate amicably.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third Circuit reaffirms high bar for showing ‘severe and pervasive’ harassment for hostile work environment claims under Title VII.
A nurse practitioner sued her employer alleging, inter alia, a hostile work environment on the basis of her sex in violation of Title VII of the Civil Rights Act of 1964 (Title VII).
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania court denies stay in action filed against insurer and insurance broker.
An insurance broker sought to stay the plaintiff’s negligence action asserted against it pending a determination on the claims of breach of contract and bad faith alleged against the insurer.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.