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Marshall Dennehey

Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff

Marshall Dennehey on

Vaughan v. Williams, Slip Copy, 2024 WL 1231352 - The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant...more

Marshall Dennehey

Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration

Marshall Dennehey on

Gov’t Emps. Ins. Co. v. Mount Prospect Chiropractic Ctr., P.A., 98 F.4th 463 (3d Cir. 2024) - The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or...more

Marshall Dennehey

New York Court Allows for Discovery of Litigation Funding Loan

Marshall Dennehey on

Smartmatic USA Corp. v. SGO Corp Ltd., 2023 WL 2626882 (Sup. Ct., N.Y. Cty. 2023) - Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an...more

Marshall Dennehey

Defining Sole Negligence: Interpreting Indemnification Clauses

Marshall Dennehey on

Diamond Transp. Logistics, Inc. v. The Kroger Co., 101 F. 4th 458 (6th Cir. May 13, 2024) - The Sixth Circuit reviewed an indemnification agreement in a shipping contract to determine the definition of “sole negligence.”...more

McGuireWoods LLP

Another Federal Court Assesses Work Product Protection for Litigant’s Communications with Its Litigation Funder

McGuireWoods LLP on

With the growth of litigation funding as a mechanism for financing litigation, companies interviewing and ultimately selecting a funder inevitably share work product with them. In such circumstances, courts must assess (1)...more

Marshall Dennehey

Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

Marshall Dennehey on

Mazzuca v. Abreu, 310 A.3d 775 (Pa. Super. 2024) - In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia...more

Marshall Dennehey

Superior Court Rules that Claims Under Medical Marijuana Act Are Subject to Two-Year Statute of Limitations

Marshall Dennehey on

Washabaugh v. Gaudenzia, Inc., 2024 Pa. Super. 100 (2024) - This case concerned the plaintiff’s claim that she was terminated from employment due to her status as a medical marijuana patient. She filed suit against her...more

Marshall Dennehey

Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff

Marshall Dennehey on

Robertson v. Harvard Maintenance Inc., 2024 WL 1585598 (E.D. Pa. Apr. 11, 2024) - The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head,...more

Marshall Dennehey

Where the Risks of Walking on Snow and Ice Conditions Was Voluntarily Assumed, Summary Judgment Not Warranted Under the Hills and...

Marshall Dennehey on

Sanner v. Airbnb Inc., 2024 WL 1356693 (M.D. Pa. Mar. 29, 2024) - The plaintiff and a group of her friends stayed the weekend at a home rental they booked using the home-sharing app, Airbnb. Upon their arrival, the ground of...more

DLA Piper

Silvergate Pharmaceuticals v. Bionpharma: The Relevance of Offers of Confidential Access Under the Hatch-Waxman Statute and Awards...

DLA Piper on

In Silvergate Pharmaceuticals, Inc. v. Bionpharma Inc., the US District Court for the District of Delaware decided an open question regarding pre-filing investigation and attorney fees under Title 35 of the US Code, Section...more

DLA Piper

Delaware Court of Chancery Patent Ownership Dispute Addresses Jurisdiction for Pharmaceutical Companies

DLA Piper on

A litigation regarding patent ownership rights is heating up in the Delaware Court of Chancery, a court of equity that is an atypical forum for pharmaceutical company and intellectual property disputes. CyDex Pharmaceuticals,...more

DLA Piper

Astellas Case Highlights Patent Eligibility Under Section 101 and the Party Presentation Principle

DLA Piper on

In Astellas Pharma Inc. v. Sandoz Inc., the US Court of Appeals for the Federal Circuit vacated a sua sponte district court ruling that found Astellas’s asserted patent ineligible under Title 35 of the US Code, Section 101....more

Faegre Drinker Biddle & Reath LLP

N.C. Federal Court Casts Doubt on Extraterritorial Reach of State Telemarketing Statute

The Middle District of North Carolina recently denied, in part, a motion seeking dismissal of serial TCPA plaintiff Craig Cunningham’s complaint alleging violations of the TCPA and the North Carolina Telephone Solicitations...more

Sheppard Mullin Richter & Hampton LLP

Andersen Plaintiffs Strategically Dismiss § 1202(b) Claims Pending Interlocutory Appeal in Github Case

In a strategic move to preserve their right to seek reconsideration of previously dismissed DMCA § 1202(b) claims, the plaintiffs in Andersen v. Stability AI have voluntarily dismissed with prejudice all DMCA claims. The...more

A&O Shearman

An almost plane-ful mistake - rectification vs interpretation

A&O Shearman on

In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more

Klein Moynihan Turco LLP

Major CIPA Victory!

Klein Moynihan Turco LLP on

Readers of this blog are aware of the never-ending stream of lawsuits alleging that the use of third-party tracking technology to collect consumer data on company websites is tantamount to illegal wiretapping in violation of...more

Troutman Pepper

Fifth Circuit Modifies Prior Order Staying the CFPB Payday Loan Rule to “Clarify” that the Compliance Date is March 30, 2025

Troutman Pepper on

In a shocking development yesterday, the U.S. Court of Appeals for the Fifth Circuit issued a per-curiam, single-sentence order purporting to “clarify” its prior stay of the compliance date for the Consumer Financial...more

McCarter & English, LLP

US Department of Labor’s Salary Threshold Hike for “White Collar” Overtime Exemptions Struck Down by Court

McCarter & English, LLP on

On Friday, November 15, 2024, in Texas v U.S. Department of Labor, a federal district court vacated the US Department of Labor’s (DOL) April 2024 final rule that increased the salary thresholds for the executive,...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Issues Ruling in Closely Watched Workers’ Compensation Case

The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more

Jones Day

District Court Not Persuaded System Prior Art Evades IPR Estoppel

Jones Day on

On October 25, 2024, the United States District Court for the Eastern District of Pennsylvania ordered Comcast Corporation (“Comcast”) to identify the date on which it learned of each patent, patent application, and printed...more

AEON Law

Patent Poetry: Can countries own trademarks?

AEON Law on

Traditionally, trademarks are used to indicate the source of consumer goods and services – from Coca-Cola soft drinks to Apple computers to Jiffy-Lube oil change shops and iTunes music downloads. ...more

Awatif Mohammad Shoqi Advocates & Legal...

Will Travel Bans in The UAE Be Automatically Lifted Once a Legal Case Is Resolved?

The UAE recently introduced a significant reform in its judicial system, with the Ministry of Justice (MoJ) announcing that travel bans are automatically lifted once legal cases are resolved. This development represents a...more

Holland & Hart - Your Trial Message

See Your Case from the Jury’s Eyes: My Time in the Box

When I received my jury summons a month or so ago, I was elated. But the feeling was brief, as I quickly concluded my service would likely end as quickly as it would begin. I’m a Litigation Consultant, I work for a law firm,...more

Kilpatrick

RICO class actions – Northern District of Georgia sends Georgia RICO class action based on federal predicates back to state court

Kilpatrick on

Takeaway: RICO defendants usually move to dismiss civil racketeering claims. And when it comes to motions to dismiss, RICO defendants almost always prefer to be in federal – as opposed to state – court. Accordingly,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Pfizer wins lawsuit

The U.S. District Court for the Western District of Michigan granted Pfizer Inc.’s motion to dismiss a case that claimed that Pfizer paid “unreasonable” recordkeeping and administrative fees. U.S. District Judge Paul Maloney...more

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