Results

Carolyn Bogart was successful in opposing a plaintiff’s appeal against our client, a former fraternity member and social guest. In 2014, the plaintiff was a 20-year-old college student and fraternity member attending a university in New Jersey. After consuming his own alcohol, he fell asleep in a dorm room that was the location of an on-campus party.

In a case where we represented an insurance broker, a Federal District Judge from the Southern District of West Virginia granted our motion to dismiss and dismissed the suit in its entirety. The plaintiff was a women’s fashion and accessory boutique. The suit arose from a dispute over the plaintiff’s insurance coverage for damages it sustained while being ordered to close by West Virginia’s COVID-19-related orders. The insurance carrier filed a motion to dismiss, and, thereafter, the plaintiff voluntarily dismissed the carrier.

Marshall Dennehey and its shareholder, Jonathan E. Kanov, Esq., were successful in a South Florida arbitration representing a prominent Florida real estate developer against construction damage claims brought by a neighboring property’s condominium association. In a final, binding ruling, the arbitrator issued a complete defense verdict, plus an award of attorney’s fees and costs to the developer.

We successfully defended a claim petition for a left foot injury alleged to be traumatic plantar fasciitis and aggravation of pre-existing plantar fasciitis and tendonitis. The defense was able to show that the claimant had longstanding left foot complaints, including a previous surgery. In addition, the claimant’s testimony was rejected by the judge for misrepresenting that he did not have a CDL license when he initially testified.

The hearing was to challenge the Pennsylvania Bureau of Workers’ Compensation Fee Review Section’s final determination that an injured worker’s shoulder surgery expenses must be paid by the insurance carrier and the employer. We argued that the work-relatedness of the shoulder surgery is currently in dispute, thus barring the Bureau’s attempt to compel payment.

In this Pennsylvania workers’ compensation action, the judge found that the claimant failed to prove a loss in earnings related to his work injury since returning to work. Instead, he found that the claimant’s loss in earnings was due to lack of work caused by weather conditions or other factors. Additionally, the judge denied both penalty petitions, finding that the claimant had failed to prove a violation of the Act by the carrier for refusal to pay wage loss benefits and medical bills.

We successfully defended a local school district in a special education due process complaint by the parent of a former student who was diagnosed with autism, learning disabilities and ADHD. ​The student had graduated from high school, completed all credits and earned a regular diploma.

We successfully defended a civil rights appeal before the United States Court of Appeals for the Third Circuit. The plaintiff filed a federal civil rights complaint against a police sergeant and a local municipality following his arrest and release. The plaintiff was charged with the attempted murder of his wife, who later recanted her statement to police.

The suit was filed in the U.S. District Court for the Eastern District of Pennsylvania. The plaintiffs were the maternal grandparents of two children who were removed from the custody of their parents and placed in foster care. The plaintiffs alleged that the defendants violated their substantive and procedural due process rights protected by the 14th Amendment by failing to provide them with custody of the children and notice of court hearings.

This was the first civil case tried in a U.S. District Court in Pennsylvania since the court closures caused by COVID-19. The plaintiff alleged that the police officer used excessive force in arresting her outside of a bar in the City of York. She filed a Section 1983 civil rights lawsuit, alleging she sustained a traumatic brain injury after the officer threw her head against a brick wall, threw her to the ground and then repeatedly punched her in the face.