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Publications
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
Specific language in a sales contract does not waive material misrepresentations in the procurement of a sale.
The defendant appealed a judgment in which it was determined they violated the Consumer Fraud Act (CFA), N.J.S.A.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Courts clarify disclosure of prior medical records.
The Second Department held that the defendants were entitled to five years of the plaintiff’s medical records where “broad allegations of injuries, exacerbatio
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
U.S. Court of Appeals for the Fifth Circuit upheld a Sieracki unseaworthiness finding.
In Rivera v.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
The Recreational Use of Land and Water Act does not provide immunity from negligence to a licensee of a landowner when the licensee lacks possessory rights to the land and the public is charged for use of the land.
The plaintiff, a snowmobile operator, was injured
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
The Supreme Court of Pennsylvania rules that liability expert’s reports produced by a non-moving party in response to a motion for summary judgment must be considered in a light most favorable to the non-moving party.
The plaintiff was injured when the snow tube he w
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
An indemnification provision in a release is valid and enforceable against the spouse who actually signed the release.
The plaintiff-wife sustained injuries while ridin
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Court held a defendant-contractor owed duty of care to plaintiff, a third party, based on Restatement (Second) of Torts §§ 324A and 383, and this duty extends to reasonably foreseeable risks arising from the performance of contractual obligations.
The plaintiff, as he walked to his delivery truck
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int