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Publications
Claims under the Insurance Fraud Prevention Act cannot be supported by generalized, abstract grievances shared by a large number of similarly situated people.
Allstate Insurance Company, the State of New Jersey, Office of the New Jersey Attorney General, Office of the Commissioner of the New Jersey Department of Bank
Case Law Alerts, 2nd Quarter, April 2020 is prepared
First Department issues two decisions on prior injuries and discovery.
In two recent decisions, the First Department clarified discovery on prior or related injuries.
New Jersey arbitration agreements must unambiguously inform plaintiffs that they are giving up right to pursue claims in court.
A motion to compel arbitration was denied on appeal.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Knowledge of reliance on expertise may bar release of gross negligence.
In this case, a release was effective in barring a claim in ordinary negligence and negligent hiring, as it was not the result of unequal bargaining.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Clarity in reason for summary judgment required.
An appeal of a summary judgment was granted when based on the plaintiff’s expert giving a net opinion.
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Plaintiff could not establish a prima facie case of negligence against deceased landlord because the Pennsylvania Dead Man’s Act prohibited plaintiff’s testimony about the cause fall.
In affirming summary judgment in a personal injury action involving a decedent’s estate, the Pennsylvania Superior Court held that the Pennsylvania Dead Man’s Ac
Case Law Alerts, 2nd Quarter, April 2020 is prepared
The Supreme Court of Louisiana concluded that a riverboat casino was not a “vessel” under general maritime law.
The plaintiff, an employee of Grand Palais Riverboat L.L.C., was injured onboard the Grand Palais, a riverboat casino, and subsequently filed a claim for damages
Case Law Alerts, 2nd Quarter, April 2020 is prepared
Special Alert – Governor Wolf Suspends Parts of Section 413 of the Workers’ Compensation Act
As part of his ongoing effort to reduce the effects of the COVID-19 virus on Pennsylvania’s workers’ compensation system, Governor Wolf recently announced he was suspending parts of Section 413 of the Act.
The material in this newsletter has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.