Marshall Dennehey

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2000 Market Street
Suite 2300
Philadelphia, PA 19103, United States

Phone: (215) 575-2600

Areas Of Practice

Appellate Practice
Art, Entertainment, & Sports Law
Civil Rights
Class Action
Construction Law
Criminal Law
Education
Environmental Law
Health
Insurance

Locations

Other U.S. Locations

Connecticut
Delaware
Florida
New Jersey
New York
Ohio
Pennsylvania

Number of Attorneys

400+ Attorneys

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Publications About Authors

The Trial Court Incorrectly Entered Directed Verdict for the Insurer

Wenzel v. Homeowners Choice Prop. & Cas. Ins. Co., Fla. 4th DCA, 4D2023-0088, Apr. 24, 2024 - Following a jury trial, the circuit court entered a directed verdict for the insurer and set aside the jury’s verdict, concluding the…more

9/13/2024 / Civil Procedure, Insurance

Addition of a Definition for the Term “Ttructural Damage” to Section 627.706(2) Does Not Alter an Insured’s Burden of Proof

Citizens Prop. Ins. Corp. v. Barberan, Fla. 2nd DCA, 2D22-2744, Apr. 3, 2024 - In April, the Second District Court of Appeal affirmed the lower court’s ruling that a statutory change, which added a definition for the term…more

9/13/2024 / Civil Procedure, Insurance, Real Estate - Residential

District Court Grants Motion for Rehearing but Maintains Its Prior Decision That Affirmed the Trial Court’s Decision in Favor of Defendant in a Subrogation Dispute

Universal Property and Casualty Insurance Company a/s/o Perez v. Laguna Riviera Condominium Assn, Fla. 2nd DCA, 2D23-34, Mar. 1, 2024 - In this interesting dispute, the Second District Court of Appeal took the unusual step of…more

9/12/2024 / Civil Procedure, Insurance, Real Estate - Residential

Defendant’s Request for Attorney’s Fees Within Its Summary Judgment Motion is Insufficient to Place Plaintiff on Notice That Defendants Are Claiming Attorney’s Fees

Barnhardt Construction, LLC v. Steven C. Hildreth, et al., 31 Fla. L. Weekly Supp. 600a (Fla. 5th Cir. Ct. 2024) - On February 6, 2024, the Fifth Circuit Court in Hernando County, Florida, rendered a decision regarding a…more

9/11/2024 / Civil Procedure, Construction Law, Real Estate - Residential

Failure to Provide Reasonable Notice and Opportunity to Be Heard Rendered Trial Court’s Involuntary Dismissal of Plaintiff’s Suit a Violation of Due Process

Babcock New Haven, LLC v. Vaheed Teimouri and Teimouri & Associates, Fla. 5th DCA, 5D2023-1525, May 3, 2024 - This appeal followed a trial court’s entry of a final order dismissing Babcock New Haven, LLC’s lawsuit for failure to…more

9/6/2024 / Civil Procedure, Constitutional Law, Construction Law, Real Estate - Commercial

Appellate Court Affirms Ruling a Sworn Proof of Loss and Estimate Related to Later Claim Was Inadmissible as Hearsay and Irrelevant

Universal Property & Casualty Insurance Company v. Luis Nacimiento, Fla. 3rd DCA, 3D23-0301, Apr. 3, 2024 - The insured reported a claim to Universal Casualty & Property Insurance Company in February 2016 for water damage from a…more

9/6/2024 / Civil Procedure, Insurance

Circuit Court of Appeals Finds Fla. Stat. § 627.70132 Does Not Require Notice of a Supplemental Claim to Include an Estimate of Damages

Great Lakes Insurance SE v. Concourse Plaza A Condominium Ass’n, 22-13141, 11th Cir., Apr. 15, 2024 - In this unpublished opinion, the Eleventh Circuit was presented with the issue of whether Florida Statute § 627.70132 required…more

9/3/2024 / Civil Procedure, Insurance

Third District Court Quashes Order Granting Motion for Protective Order Relating to a Corporate Representative’s Deposition

Hamilton v. Citizens Property Insurance Corporation, Fla. 3rd DCA, 3D23-1934, May 1, 2024 - The petitioner in this matter (the plaintiff below) sought certiorari review of a discovery order granting a motion for protective order…more

8/30/2024 / Civil Procedure, Insurance

Superior Court Affirms IAB Decision Enforcing Workers’ Compensation Settlement Agreement and Rejected Claimant’s Attorney’s Argument of Entitlement to Common Law “Attorney’s Charging Lien” That Was Not a Term of the Settlement

Webb v. State of Delaware, 2024 WL 2077263 (Del. Super. May 9, 2024) - Mr. Webb workers’ compensation claim was denied, and he filed a petition with the Industrial Accident Board that sought acknowledgment of the accident,…more

8/30/2024 / Alternative Dispute Resolution (ADR), Labor & Employment Law, Workers' Compensation

A Judge of Compensation Claims Must Be Specific When Awarding Non-professional Attendant Care to a Family Member

Kelly Girardin v. AN Fort Myers Imports, LLC, Gallagher Bassett, DCA#: 22-1485, Decision date: May 08, 2024 - The claimant petitioned for attendant care benefits to be paid to her husband. The judge of compensation claimant…more

8/29/2024 / Labor & Employment Law, Personal Injury, Workers' Compensation

The Appellate Division Reversed and Remanded a Trial Court Order Denying the Plaintiffs’ Motion to Amend Their Complaint and Dismissed Their Matter With Prejudice

Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused the…more

8/29/2024 / Civil Procedure, Labor & Employment Law, Personal Injury, Workers' Compensation

Appellate Division Finds That Compulsion in an Activity Could Render It a Non-social or Recreational Activity

Terhune v. Port Auth. of N.Y. & N.J., No. A-3206-22 (May 8, 2024) - The petitioner had worked for the respondent since 2007. On December 14, 2013, he reported for mandatory snow duty and as a result, he had to stay at the…more

8/27/2024 / Labor & Employment Law, Personal Injury, Workers' Compensation

Pharmacy Staffed by Pharmacist Provided by an Employee Leasing Agency is a Provider as Defined by Section 109 of the Act. When a Physician Has Ownership Interest in Said Pharmacy, a Referral to the Pharmacy Violates the Act’s Self-referral Prohibition

700 Pharmacy v. Bureau of Workers’ Compensation Fee Review Hearing Office & SWIF; No. 660 C.D. 2020; No. 617 C.D. 2020; filed May 16, 2024; President Judge Cohn-Jubelirer - In this case, 700 Pharmacy filed five Fee Review…more

8/27/2024 / Administrative Law, Health, Insurance, Workers' Compensation

Legal Update for Special Education Law – Updates from the Pennsylvania Department of Education

Commonwealth Court voids Pennsylvania Department of Education’s newly imposed Age-Out Plan for failure to implement it in accordance with Pennsylvania Laws.* PSBA, Inc., et al. v. Dr. Khalid N. Mumin, Secretary of Education of…more

8/26/2024 / Administrative Law, Education Law

Supreme Court of New Jersey Holds that Indemnification Can Exist in First-Party Claims, With the Appropriate Language

For many years, the rule of law governing claims for contractual indemnification in New Jersey has been well-established under the so-called “Azurak” rule, which requires that, in order for a party to be indemnified for its own…more

8/26/2024 / Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

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Marshall Dennehey

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