Marshall Dennehey, Defense Digest, Vol. 29, No. 3, September 2023

Vol. 29, No. 3, September 2023

Delaware

Workers’ Compensation

Don’t Forget Your Medical History: Why Fraud Never Pays, Nor Does Convenient Amnesia

Florida

Personal Injury Protection (PIP) Litigation

A Warning on Wording: Appellate Court Reverses Summary Judgment Ruling for Insurer After Finding Condition Precedent Affirmative Defense Too Narrowly Pled

Workers’ Compensation

Attorneys Behaving Badly: Sanctions, Attorney’s Fees and Costs in Florida Workers’ Compensation Claims

New Jersey

Hospitality and Liquor Liability

In a Clash Between Public Policy and Statutory Interpretation, the Appellate Division Rules the Negligence Claim of an Allegedly Intoxicated Motorist Is Not Barred

Premises and Retail Liability

New Jersey Appellate Division Rejects Contention that Ongoing Storm Rule Does Not Apply to Privately Owned Commercial Property

Workers’ Compensation

New Jersey Supreme Court Holds That in a Civil Action, the Jury, Not the Judge, Decides the Issue of Whether There Is a Special Employee Relationship

New York

Automobile Liability

To Proximately Cause or Not Proximately Cause?

Ohio

Insurance Services – Coverage and Bad Faith Litigation

Novel Insurance Coverage Issue? File a Declaratory Judgment Action in Federal Court, Right? Well…

Pennsylvania

General Liability

Pennsylvania Supreme Court Expands Liability of Contractors for Completed Work – Even If a Defect Is Obvious

General Liability

Pennsylvania Superior Court Refuses to Enforce Online Binding Arbitration Agreement Located in Hyperlink

Health Care Liability

Attention All Shoppers! There Is a Blue Light Special on Forum Selection in Pennsylvania Medical Malpractice Cases

School Leaders’ Liability

Case Pending on Appeal Appears Poised to Expand Ninth Exception to Tort Immunity to Acts of Student-on-Student Sexual Violence

_{Defense Digest, Vol. 29, No. 3, September 2023}_{is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This newsletter may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.}

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