.png)
Publications
Superior Court of Pennsylvania affirms trial court’s refusal to open the judgment of non pros against plaintiff.
The plaintiff filed a claim for property damage to her vehicle four years after the date of the accident. The arbitration panel dismissed her claim based on the two-year statute of limitations.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.
The plaintiff brought a personal injury action against a vehicle dealership, a manufacturer and a distributor based on injuries allegedly sustained when the front driver’s-side wheel fell off shortly after the vehicle was serviced at the franchise
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.
Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The stand-alone, small link to the Terms and Conditions page of defendant’s website did not suffice to waive the plaintiff’s constitutional rights.
The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to its Terms and Conditions, which contained an arbitration clause.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Fourth District Court of Appeals affirms trial court ruling that assignee’s pre-suit demand letter was not precise as to amount claimed to be due for treatment of insured, as required by 627.736(10).
This controversy was brought on an appeal before the Fourth District Court of Appeals due to the lower court ruling that Chris Thompson, P.A.’s (Thompson) demand letter was not statutorily compliant because it did not put Geico on proper notice of
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.
The plaintiff commenced a personal injury action following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
An insurer does not have a duty to investigate potential transportation costs unless its insured notifies the insurer that they are seeking a claim for same.
The trial court granted the defendant’s motion to dismiss the plaintiff’s amended complaint.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey court reviews No-Fault Law’s language and finds that there was nothing preventing an arbitrator from hearing common law fraud, unjust enrichment and RICO claims.
The defendants (a series of medical providers) filed a motion to dismiss, arguing that the plaintiff’s common law fraud, unjust enrichment and RICO claims should be decided via arbitration.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Commonwealth Court notes that walking across undeveloped land carries an inherent risk of falling over depressions.
This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
County court rules in favor of plaintiff regarding defendant’s use of Budget Neutrality Adjustor in calculating reimbursement made for plaintiff.
This suit was for allegedly underpaid PIP benefits. ISO Diagnostic Testing billed seven units of CPT code 95851. United Auto reimbursed these codes utilizing the 2007 Limiting Charge rate.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.