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
  • Intellectual Property
  • Labor & Employment Law
  • Litigation
  • Maritime Law
  • Privacy
  • Products Liability
  • Professional Malpractice
  • Real Estate
  • Science, Computers, & Tech
  • Securities Law
  • Transportation
  • Workers' Compensation
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Locations
Other U.S. Locations
  • Connecticut
  • Delaware
  • Florida
  • New Jersey
  • New York
  • Ohio
  • Pennsylvania
Number of Attorneys
400+ Attorneys

Assignment of Benefits Contractor Precluded from Recovery Pursuant to Mortgagee Clause

Key Points: The buyer of a home was not considered a mortgagee under a homeowners insurance policy when the proceeds from the sale were used to pay off the mortgage but there was no evidence that the buyer assumed any legal…more

Assignment of Benefits (AOB), Homeowner's Insurance, Insurance Industry, Insurance Litigation, Mortgages

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No Independent Right to Attorney’s Fees Under Fla. Stat. 627.70152

Key Points: A dispute over attorney’s fees alone cannot be the trigger for a lawsuit or a fee award under Fla. Stat. § 627.70152. Fla. Stat. § 627.70152 does not create a separate and independent right to attorney’s fees. Fla…more

Attorney's Fees, Damages, Fee Awards, Florida, Settlement

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Who May Be Liable Under the Dram Shop Act?

Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the…more

Car Accident, Dram Shop Laws, Drunk Driving, Intoxication, Liability

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Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal Threshold to Recover Damages under New Jersey’s Automobile Insurance Cost Recovery Reduction Act.

McGovern v. Basich, No. A-3951-21, 2023 WL 8613540 (N.J. Super. Ct. App. Div. Dec. 13, 2023) - This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s…more

Auto Insurance, Bodily Injury, Car Accident, Damages, Summary Judgment

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Contrary Decisions Highlight Complexity of TCA Claims

The New Jersey Appellate Division and the Third Circuit issued two different opinions in regard to the notice requirements pursuant to the New Jersey Tort Claims Act (TCA). Both highlight the complexity of TCA litigation and…more

Car Accident, Discovery, Discovery Rule, New Jersey, Notice Requirements

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Florida Passes Tort Reform: What You Need to Know

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes of…more

Corporate Counsel, Florida, Medical Malpractice, Negligence, Statute of Limitations

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Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform

DeRose for Estate of DeRose v. DoorDash, Inc., 2023 WL 3840655 (E.D.N.C. Jun. 1, 2023) - The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash, alleging…more

Bodily Injury, Car Accident, Delivery Drivers, Independent Contractors, Liability

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The en Banc Third Circuit Concludes Citizens With Prior Felony Convictions for Welfare Fraud Are Among ‘the People’ Protected by the Second Amendment

In 1995, Bryan David Range pleaded guilty to one count of making a false statement to obtain food stamps in violation of Pennsylvania law and faced up to five years’ imprisonment. Following the conviction, Mr. Range attempted to…more

Criminal Convictions, Fraud, Prior Conviction, Second Amendment

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New Jersey Supreme Court Determined Whether Claims Brought Under the Insurance Fraud Protection Act and the Workers’ Compensation Act Were Subject to the Apportionment Procedure of the Comparative Negligence Act.

Liberty Ins. Corp. v. Techdan, LLC, 253 N.J. 87, 289 A.3d 429 (2023), as revised (Mar. 23, 2023) - The plaintiff alleged that the defendants misrepresented their relationship, ownership structure and submitted fraudulent payroll…more

Comparative Negligence, Compensatory Damages, Misrepresentation, NJ Supreme Court, Workers Compensation Act

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Third Circuit: Knowledge Requirement Not To Be Overlooked in Proving Retaliation

Watkins v. Pennsylvania Dep't of Corr., No. 22-1426, 2023 WL 5925896 (3d Cir. Sept. 12, 2023) - A corrections officer sued his employer, the Department of Corrections (DOC), alleging a retaliatory hostile work environment in…more

Civil Rights Act, Discrimination, Employment Litigation, Hostile Environment, Retaliation

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Policies Alone Fall Short: Establishing a Standard of Care and Duty Requires More Than Internal Procedures

Key Points: A defendant’s violation of its own policies and procedures does not establish a standard of care for the industry. The order of a new trial was improper and the trial court’s prior order for directed verdict and…more

Automotive Industry, Duty of Care, Insurance Litigation, Jury Trial, Negligence

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Third Circuit Confirms Disciplinary Board’s Ability to Prohibit Harassment and Discrimination in the Practice of Law

Greenberg v. Lehocky, ___ F.4th ___, 2023 WL 5539272 (3d Cir. Aug. 29, 2023) - The recent amendment to Pennsylvania Rule of Professional Conduct 8.4, prohibiting harassment and discrimination in the practice of law, remains in…more

Discrimination, First Amendment, Harassment, Professional Liability, Rules of Professional Conduct

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The Court of Appeals Addressed Primary Assumption of the Risk Doctrine

Grady v. Chenango Valley Central School District, 2023 WL 3102723 (2023) -Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary…more

Assumption of the Risk, Bodily Injury, Liability, Sports, Summary Judgment

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Florida Legislature Passes the Roller Skating Rink Safety Act

On May 2, 2023, Florida became the 12th state to pass legislation intended to keep roller rink operators in business by promoting safety, risk management and shared responsibility of liability. The Roller Skating Rink Safety…more

Entertainment Venues, Liability, Risk Management

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Pennsylvania Supreme Court Rules that Evidence of Product’s Compliance with Governmental Regulations or Industry Standards Is Inadmissible in Design Defect Cases to Show a Product Is Not Defective Under the Risk-Utility Theory.

Michael and Melissa Sullivan v. Werner Company, et al., No. 18 EAP 2022, 2023 WL 8859656 (Pa. 2023) - The plaintiff was injured at a jobsite when the platform of a six-foot tall mobile scaffold collapsed, causing him to fall…more

Compliance, Evidence, Inadmissible Evidence, Jury Trial, OSHA

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A Hospital’s Metadata is Subject to Inspection in New Jersey Medical Malpractice Matters

Key Points: New Jersey’s Appellate Division held that an inspection of a hospital’s electronic medical records, including its metadata, is discoverable despite the risks and burdens of producing such information for review…more

Audits, Discovery, Electronic Medical Records, Hospitals, Inspections

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Legal Update for Special Education Law – Case Law Update

District Court dismisses IDEA claim because plaintiffs failed to exhaust administrative remedies under the IDEA for education-centric claim even though plaintiffs sought money damages…more

Americans with Disabilities Act (ADA), Disabled Children, IDEA, Rehabilitation Act, School Transportation

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Rule 702 Revamped Once Again

Expert testimony is the tool that enables litigators to elucidate concepts that require scientific, technical or specialized knowledge. However, a proponent cannot introduce expert testimony without demonstrating under F.R.E…more

Admissibility, Daubert Standards, Expert Testimony, Expert Witness, Litigation Strategies

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SCOTUS Grants Certiorari to Hear Marine Insurance Dispute.

The Supreme Court of the United States recently granted certiorari to decide whether, under federal admiralty law, “a choice of law clause in a maritime contract can be rendered unenforceable if enforcement is contrary to the…more

Certiorari, Denial of Insurance Coverage, Maritime Transport, SCOTUS, Vessels

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More Than Testimony Is Needed to Establish an Emergency Call for Immunity Purposes

Robinson v. Cleveland, 8th Dist. Cuyahoga No. 112798, 2024-Ohio-969 - A Cleveland police officer was stopped at a stop light. Without turning on his lights and sirens, he checked for oncoming traffic and advanced through the…more

Bodily Injury, Car Accident, Emergency Response, Genuine Issue of Material Fact, Police

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New Guidance from Pennsylvania’s Superior Court for Establishing Factual Basis to Transfer Venue

Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the same…more

Forum Non Conveniens, Medical Malpractice, Transfer of Venue

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The Federal Trade Commission’s Proposed Evisceration of Non-Compete Agreements – What the Proposed Rule Means for Employers

Key Points: The Federal Trade Commission is proposing to bar virtually all non-compete agreements between employees and employers. The FTC’s proposed rule would not only prohibit non-compete agreements moving forward, but it…more

Employment Contract, Federal Trade Commission (FTC), Non-Compete Agreements, Restrictive Covenants

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Delaware Superior Court Affirms an Industrial Accident Board Decision That a Claimant Injured While Performing an Employer-Related Volunteer Activity Was Not Within the Course and Scope of Employment.

Testa-Carr v. Sallie Mae, N23A-04-004 CEB (Del. Super. Feb. 8, 2024) - Ms. Testa-Carr worked as a customer service representative for Sallie Mae. On March 21, 2022, she was fell down some stairs and was injured while delivering…more

Bodily Injury, Denial of Benefits, Volunteers, Workers' Compensation Claim, Workplace Injury

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Message From the Executive Committee

John F. Kennedy once said, “Change is the law of life, and those who look only to the past and present are certain to miss the future.” Indeed, every time we ring in a new year, there are inevitably new laws, regulations, or…more

Insurance Industry, Insurance Litigation, Medical Malpractice, Tort Reform

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PA Superior Court Upholds Gist of the Action Doctrine to Bar Legal Malpractice Claim

Outerlimits Techs., LLC v. O’Connor, No. 169 EDA 2023, 2023 WL 8524299 (Pa. Super. Ct. Dec. 8, 2023) (non-precedential decision) - The Pennsylvania Superior Court affirmed the trial court’s dismissal of the appellant’s legal…more

Attorney Malpractice, Breach of Contract, Pennsylvania, Professional Liability, State Action Doctrine

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When Favors Feel Like Obligations: A Closer Look at the Special-Mission Exemption to the Going-and-Coming Rule

Key Points: An employee’s off-site accident may be compensable under the New Jersey Workers’ Compensation Act, pursuant to the “special-mission” exception to the going-and-coming rule, even if the employee is doing a favor for…more

Compensation, Employees, New Jersey, Workers Compensation Act

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Ohio Supreme Court Applies Tort Conflict of Law Rules to an Insurance Bad Faith Claim.

Scott Fetzer Co. v. Am. Home Assur. Co., Inc., 2023-Ohio-3921 - In this 5-2 decision from the Ohio Supreme Court, the majority held that the tort conflict of law rules found in Section 145 of 1 Restatement of the Law 2d,…more

Bad Faith, Indemnity, Insurance Claims, Insurance Industry, Insurance Litigation

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Sometimes Discovery Disputes Can Be Interesting

Key Points: The distinction between security video and surveillance video is important. Preservation of all possible video is critical to avoiding spoliation claims…more

Data Preservation, Discovery, Discovery Disputes, Evidence, Video Recordings

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What’s Hot in Workers’ Comp – Special PA Alert

In Schmidt v. Schmidt, Kirifides & Rassias (WCAB), 1039 C.D. 2021, filed November 14, 2023, a case of first impression, the Pennsylvania Commonwealth Court ruled that claimants are entitled to reimbursement for out-of-pocket…more

Cannabidiol (CBD) oil, Out-of-Pocket Expenses, PA Supreme Court, Reimbursements, Workers Compensation Act

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FINRA Grants Respondents’ Motions for Sanctions Against Claimant and Broker’s Request for Expungement

Marlin Keith Andrews v. William S. Humber and Stifel, Nicolaus & Co., Inc., FINRA Case #22-01176 - The claimant asserted causes of action including failure to supervise, breach of fiduciary duty, respondeat superior,…more

Breach of Duty, Broker-Dealer, Expungement, Financial Industry Regulatory Authority (FINRA), Financial Services Industry

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Telemedicine Consequences Resulting from the End of the COVID-19 Public Health Emergency on May 11, 2023

On January 30, 2023, the White House issued a statement that the Biden Administration will end the COVID-19 public health emergency on May 11, 2023. President Biden confirmed this event during the February 7, 2023, State of the…more

Consolidated Appropriations Act (CAA), Coronavirus/COVID-19, Health Care Providers, Public Health Emergency, Telehealth

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Court Reiterated Prevailing Standard in Pennsylvania for Establishing Existence of ‘Special Relationship’ Between Insurance Customer and Insurance Broker.

Mohanan, et al. v. Liberty Mutual Personal Insurance Company, 2023 WL 8026106 (E.D. Pa. Nov. 20, 2023) - The court granted the defendant’s motion to dismiss to strike references to a “special relationship” owed to the plaintiffs…more

Fiduciary Duty, Insurance Agents, Insurance Brokers, Insurance Industry, Special Relationship

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Neurosurgeon’s Expert Opinions in Trial Against a Certified Registered Nurse Anesthetist Were Admissible as Plaintiff Opened the Door on Cross Examination and Evidence Rule 601 Did Not Apply.

Waechter v. Laser Spine Institute, LLC, 8th Dist. Cuyahoga No. 112022, 2023-Ohio-3715 - The plaintiff brought an action against a certified registered nurse  anesthetist (CRNA), alleging she was negligent in hyperextending her…more

Cross Examination, Evidence, Expert Testimony, Expert Witness, Liability

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What’s Hot in Workers' Comp – Special NJ Alert

On January 16, 2024, the Governor of New Jersey signed A-5909/S-4267 into law. The amendment revises workers’ compensation coverage for certain injuries to volunteer and professional public safety and emergency personal. The…more

Emergency Response, Public Safety, Workplace Hazards, Workplace Injury

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Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.

Kistler v. Dietrich, 303 A.3d 168 (Pa. Super. 2023) - The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on the…more

Car Accident, Liability, Pedestrian Accidents, Property Owners, Substantial Risk of Harm

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Caution: The Potential Quagmire of Unwanted Arbitration Clauses Are Often Buried in the Details

Key Points: Consider including third parties or remote parties to a complaint. Arbitration clauses can appear in various contracts, including product warranties. The potential dangers of agency relationships in construction…more

Arbitration, Construction Industry, Dispute Resolution, Warranties

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Delaware ‘Meet and Confer’ Rule Requires Human Contact??!

Key Points: The Superior Court of Delaware’s “meet and confer” requirement is mandated by the notice provision articulated in Del. R. Civ. P. Super. Ct. 37(a). The Rule has long been interpreted by counsel to require only an…more

Delaware, Discovery, Discovery Disputes, Dispute Resolution, Meet and Confer

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Failure to Join Both Property Owners Leads to Case Dismissal

Key Points: Pennsylvania Superior Court recently held that a plaintiff’s failure to join an indispensable party property co-owner was grounds for full dismissal of his premises liability claim…more

Bodily Injury, Joint Ownership, Joint Tenancy, Premises Liability, Property Owners

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Florida Court of Appeals Holds that an EEOC Charge Does Not Need to Specifically Allege the Florida Civil Rights Act to Exhaust Administrative Remedies Prior to Filing a Lawsuit.

Ramos v. Steak N Shake, Inc., 2D22-3465, 2023 WL 8791666 (Fla. 2d DCA Dec. 20, 2023) - Florida’s Second District Court of Appeal examined the issue of whether section 760.11, Florida Statutes, requires that the aggrieved party…more

Discrimination, Employer Liability Issues, Equal Employment Opportunity Commission (EEOC), Florida, Retaliation

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Appellate Divisions Affirms a Workers’ Compensation Judge’s Decision That the Claimant’s Testimony Was Not Credible and His Medical Expert’s Theory Was Not Supported by Objective Evidence.

Donald Smith v. H&H Transportation, Inc., No. A-3568-21 (Dec. 20, 2023) - The Appellate Division affirmed the workers’ compensation order denying the petitioner’s motion for medical/temporary benefits. In January 2017, the…more

Bodily Injury, Car Accident, Compensation & Benefits, Workplace Injury

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Superior Court: Yes, We Actually Mean Actual Authority for an Actual Settlement of a Civil Case

Driscoll and King were partners in a venture operating a restaurant. Their relationship soured, and so as not to sour matters for their customers, they sought to separate amicably. The deal was to be that King would buy out…more

Business Divorce, Business Litigation, Buy-Out Agreements, Contract Terms, Settlement

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Sixth District Court of Appeals Says Fourth District Got It Wrong: Florida’s Pre-Suit Notice Requirement Does Not Apply Retroactively

In November 2023, the Sixth District Court of Appeal of Florida, in direct conflict with the Fourth District Court of Appeal of Florida, found that the pre-suit notice as mandated by Florida Statute 627.70152 does not apply…more

Breach of Contract, Florida, Insurance Industry, Insurance Litigation, Pre-Suit Notice

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

Governor Josh Shapiro recently announced that the proposed 2024-2025 budget for the Pennsylvania Department of Education includes a $1,436,815,000 special education appropriation…more

Disabilities, Educational Institutions, Free Appropriate Public Education (FAPE), IDEA, Pennsylvania

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Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the…more

Expert Testimony, Expert Witness, Johnson & Johnson, Reversal, Toxic Exposure

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Seismic Changes May Soon Be Coming to Florida Statutes for Comparative Negligence, Lodestar Fee, Statute of Limitations and One-Way Attorney’s Fees Against Insurers

With the support of Governor Ron DeSantis, Florida House Bill 837 was filed on February 15, 2023, which would bring comprehensive reforms to civil litigation in Florida. In an attempt to try to stomp out Florida’s notoriety as…more

Comparative Negligence, Florida, Statute of Limitations

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Long-Term Care Facility Faces Criminal Scrutiny for Early COVID-19 Actions

On March 14, 2023, the Los Angeles County District Attorney announced multiple felony criminal charges would be filed against a nursing home facility and three of its administrators for their handling of a COVID-19 infected…more

Coronavirus/COVID-19, Enforcement Actions, Health Care Providers, Long Term Care Facilities, Nursing Homes

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County Court Rules in Favor of Insurer Regarding Attorney’s Fees in Suit Where Insurer Cured Plaintiff’s § 627.736(10) Demand Letter by Issuing Payment for the Full Amount Demanded.

Steven J. Melilli, D.C., P.A., (Patient: M. Krugliak) v. State Farm Mutual Auto. Ins. Co., County Court, 6th Judicial Circuit Pinellas County, Case No: 19-004553-SC - This suit involved a complaint filed by the plaintiff…more

Attorney's Fees, Demand Letter, Insurance Industry, Insurance Litigation

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Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

O’Neal v. Allstate Insurance Co., 2023 WL 4704684 - In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue of…more

Car Accident, Dashcams, Evidence, Pedestrian Accidents, Summary Judgment

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The Customer is Not Always Right: Considering the Customer’s Conduct When Defending Insurance Brokers

Insurance brokers are usually sued when their customers find themselves without the necessary insurance to protect themselves from suit or damages. While brokers can face liability in certain scenarios, they have defenses that…more

Insurance Brokers, Insurance Industry, Insurance Litigation, Liability, Negligence

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Appellate Court Reverses $224 Million Verdict Against Johnson & Johnson

On October 4, 2023, a panel of three judges in the New Jersey Appellate Division reversed a $224 million verdict against Johnson & Johnson, awarded to a consolidated group of four plaintiffs who alleged their use of the…more

Expert Testimony, Expert Witness, Johnson & Johnson, Reversal, Toxic Exposure

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New Jersey Courts Address Plaintiffs’ Demands to Inspect Electronic Medical Records – Appellate Division Sides with Plaintiffs (with Restrictions)

Estate of Lasiw by Lasiw v. Periera, 475 N.J. Super. 378 (2023) - Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule…more

Discovery, Electronic Medical Records, Health Care Providers, Health Insurance Portability and Accountability Act (HIPAA), Personally Identifiable Information

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Doubling Down: Two Third Circuit Decisions Reaffirm that Faulty Workmanship Does Not Constitute an “Occurrence” in Pennsylvania

In two separate decisions handed down last month, the Third Circuit Court of Appeals re-affirmed that, under Pennsylvania law, claims against contractors for faulty workmanship do not constitute an “occurrence” and are therefore…more

Construction Defects, Construction Industry, Contractors, Duty to Defend, Faulty Workmanship

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The Lack of a Retainage Payment to a General Contractor Did Not Bar Payment to the General Contractor’s Subcontractors, Regardless of a Condition Precedent Requiring That the General Contract Be Paid Before the Subcontractors

As addressed in the unreported case of J &M Interiors, Inc. v. Centerton Square Owners, LLC, (A-2536-19, 2021 WL 1976648 (N.J. Super. Ct. App. Div. May 18, 2021), the lack of a retainage payment to a general contractor (GC) did…more

Construction Contracts, Construction Industry, General Contractors, Pay if Paid, Subcontractors

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Pennsylvania Superior Court Further Strengthens Statute of Repose Construction Defense.

Johnson v. Toll Brothers, Inc. et al., 302 A.3d 1231 (2023) - The Superior Court of Pennsylvania recently affirmed the defendants’ motion for summary judgment dismissing the plaintiffs’ construction defect claims on the grounds…more

Construction Defects, Construction Industry, Construction Project

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11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case

Campbell v. Universal (11th Cir. U.S. Court of Appeals) - In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on…more

Americans with Disabilities Act (ADA), Amusement Parks, Disability Discrimination, Eligibility, Safety Precautions

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Third Circuit Reaffirms the Requirements of Disregarding Qualified Immunity for Law Enforcement Officers

Miguelina Pena, et al. v. City of Lancaster et al., No. CV 21-590, 2023 WL 5807005, at *1 (E.D. Pa. Sept. 7, 2023) - Following the fatal shooting of her son during a mental health episode where he was in possession of a knife,…more

Deadly Force, Officer-Involved Shootings, Qualified Immunity

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Florida District Court Rules Four-Year Statute of Limitations Governs Construction-Based Malpractice Claims Against Design Professionals

American Auto. Ins. Co. v. FDH Infrastructure Servs., LLC, 364 So.3d 1082 (Fla. 3d DCA 2023) - Florida Statute § 95.11 sets the statutes of limitations for numerous claims, but as it relates to construction-related professional…more

Construction Industry, Designer Professionals' Liability, Florida, Professional Negligence, Statute of Limitations

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Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity

Adesokan v. Town of Bloomfield, 347 Conn. 416, 297 A.3d 983 (2023) - This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal…more

Car Accident, Governmental Immunity, Law Enforcement, Negligence, Summary Judgment

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Third Circuit Finds Paid Time Is Not Part of an Employees’ Salary Under the Fair Labor Standards Act

Key Points: In a matter of first impression, the Third Circuit rejected the argument of the plaintiffs, who were salaried employees, that paid time off (PTO) qualifies as salary under the FLSA. In doing so, the court…more

Employees, Fair Labor Standards Act (FLSA), Paid Time Off (PTO), Salaried Employees, Wage and Hour

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Develop the Helpful Habits to Ward Off Litigation

Reprinted with permission from the Pennsylvania CPA Journal, a publication of the Pennsylvania Institute of Certified Public Accountants. CPAs provide services in an environment that is susceptible to litigation, as they often…more

Accountants, Breach of Contract, CPAs, Financial Services Industry, Negligence

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The New and Broadened Law Governing Venue in Pennsylvania Medical Malpractice Cases

Key Points: Recent Pennsylvania Supreme Court actions may dramatically broaden the counties in which plaintiffs may file medical malpractice actions. Such actions can now be filed and litigated hundreds of miles from the…more

Health Care Providers, Medical Malpractice, PA Supreme Court, Pennsylvania

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Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil motive…more

Bad Faith, Insurance Industry, Insurance Litigation, Joint Tortfeasors, Liability

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In an Atypical Legal Malpractice Case, the Delaware Superior Court Dismisses Insurance Agency’s Legal Malpractice Claim Against Its Former Attorneys

In GMG Ins. Agency v. Margolis Edelstein, 2023 WL 2854760 (Del. Super. Ct. Apr. 10, 2023), reargument denied sub nom. GMG Ins. Agency v. Edelstein, 2023 WL 3522297 (Del. Super. Ct. May 17, 2023), the plaintiff, an insurance…more

Attorney Malpractice, Insurance Industry, Professional Liability, Tortious Interference

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Managing Stricter Case Management Orders

Key Points: Florida is moving to stricter adherence to case management orders. Beware of tougher sanctions for non-compliance. Florida is experiencing a recent push towards strict compliance with case management orders to…more

Case Management, Compliance, Florida, Rules of Civil Procedure

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In Order to Qualify for Unemployment Benefits, the Unemployed Individual Must Be Able and Available to Work

The plaintiff had been out of work for medical reasons for several months. She was medically cleared to return to work in March 2020, but due to the COVID-19 pandemic and her pre-existing medical condition, her medical provider…more

Reasonable Accommodation, Unemployment Benefits

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Florida Passes Tort Reform: What You Need to Know

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes of…more

Corporate Counsel, Florida, Medical Malpractice, Negligence, Statute of Limitations

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Florida Passes Tort Reform: What You Need to Know

On March 24, 2023, Florida Governor Ron DeSantis signed House Bill 837, “Civil Remedies,” into law. HB 837 contains sweeping tort reform that will uproot the landscape of Florida civil litigation. The changes apply to causes of…more

Corporate Counsel, Florida, Medical Malpractice, Negligence, Statute of Limitations

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Beware of the Language Used in Your Settlement Agreements: Medicare Is Watching

The workers’ compensation practitioner has now become a forced bedfellow of CMS, like it or not. If you fail to “issue spot” in relevant settlements, you will have problems. Reprinted with permission from the October 2, 2023…more

Centers for Medicare & Medicaid Services (CMS), Disability, Medicare, Settlement Agreements, Workers' Compensation Claim

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Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

Senate Bill 360, which was signed by Governor DeSantis on April 13, 2023, amends the statute of limitations and statute of repose for construction claims and amends the statutory building code violation claim. The statute of…more

Building Codes, Construction Industry, Florida, Statute of Limitations, Statute of Repose

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A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case

Garcia v. Myrtil, 48 Fla. L. Weekly D1483 (Fla. 3d DCA, Aug. 2, 2023) - The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law,…more

Car Accident, Duty to Defend, Duty to Indemnify, Hospitality Industry, Intoxication

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Third District’s Decision Confirms that the Future of Florida’s Pre-Suit Notice Requirement Remains Uncertain

The Third District Court of Appeals of Florida is the latest to join the growing number of Florida appellate courts that have ruled that the pre-suit notice provision of section 627.70152 is procedural in nature and, as such,…more

Breach of Contract, Florida, Homeowner's Insurance, Insurance Industry, Insurance Litigation

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An Affidavit of Merit Is Inappropriate if It Fails to Identify Any Individual Person(s) Who Were Negligent.

Hargett v. Hamilton Park OPCO, LLC, et al., No. A-2036-22, 2023 WL 8533057 (N.J. App. Div. Dec. 11, 2023) (approved for publication) - The trial court dismissed the plaintiff’s complaint with prejudice for failure to provide an…more

Affidavits, Dismissal With Prejudice, Healthcare Facilities, Long Term Care Facilities, Negligence

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Florida Supreme Court: Trial Courts May Compel Appraisal Before Resolving Concurrent Coverage Disputes

On February 1, 2024, the Supreme Court of Florida issued its opinion in American Coastal Ins. Co. v. San Marco Villas Condominium Ass’n, Inc., 2024 WL 369079 (Fla. 2024), to address a persisting conflict on the timing of…more

Appraisal, Commercial Insurance Policies, Denial of Insurance Coverage, Dispute Resolution, FL Supreme Court

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The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous Condition.

Steffe v. Walmart Supercenter #2023, 2023 WL 6216712 (M.D. Pa. 2023) - The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a motion…more

Premises Liability, Retailers, Slip and Fall, Summary Judgment

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Pennsylvania Superior Court Affirms Defendant’s Immunity Under the Mental Health Procedures Act

Wunderly v. St. Luke’s Hospital et al., 2023 WL 3993737 (Pa. Super. Jun. 14, 2023) - The plaintiff filed wrongful death and survival actions against the defendants, asserting claims of negligence and corporate negligence. The…more

Health Care Providers, Liability, Negligence, Wrongful Death

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Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments

Key Points: Evidence of past medical bill charges that have been paid, adjusted, or written off are not relevant. Florida case law establishes that Medicare/Medicaid recipients are precluded from showing evidence of medical…more

Admissibility, Collateral, Evidence, Liability, Medicaid

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The Superior Court of Connecticut Accepts All of Plaintiff’s Subjective Complaints at Face Value.

Puglia v. Safeco Ins. Co. of Illinois, 2023 WL 8059335 (Sup. Ct. New Haven, Nov. 15, 2023) - This matter involved a simple uninsured motorist claim and damages dispute between the insured plaintiff and her insurance company. The…more

Auto Insurance, Car Accident, Insurance Industry, Insurance Litigation, Uninsured and Under-Insured Motorists

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As an Incident Occurred While Transporting a Passenger in New Jersey, Insurance Company’s Endorsement 7212 Acted to Increase Its Underinsured Motorist’s Coverage Limits to Meet New Jersey’s Limits of $1.5 Million as Specified by New Jersey Law.

Nicolas R. Lafont v. Farmers Insurance Exchange, 2023 WL 8698908, Nov. 29, 2023 (Pa.Com.Pl.) - The plaintiff, who was driving for Uber at the time of the accident, alleged that the defendant’s insured, Claudio Palacios-Serrano,…more

Bodily Injury, Car Accident, Negligence, Reckless Driving

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Pennsylvania Supreme Court Loosens Venue Rules Further

On November 22, 2023, the Pennsylvania Supreme Court issued its much-anticipated opinion in Hangey v. Husqvarna Professional Products, Inc., affirming the Superior Court’s polarizing decision. Hangey makes it easier for…more

Business Entities, PA Supreme Court, Rules of Civil Procedure, Venue

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Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable

Gold Tree Spa, Inc., PD Nail Corp., et al., No. A-3748-21 (App. Div. Mar. 28, 2023) - The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement…more

Enforceability, Mediation, Mediators, Settlement Agreements

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Legal Updates for Lawyers’ Professional Liability - Case Law Update

Marshall Dennehey Attorneys Successful in Legal Malpractice Action Arising Out of a Complex Wrongful Medical Diagnosis Case - On October 10, 2023, Marshall Dennehey attorneys Jack Slimm and Jeremy Zacharias were successful in a…more

Expert Testimony, Medical Malpractice, Standard of Care, Summary Judgment

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Pennsylvania Superior Court Continues to Apply Gist of the Action Doctrine to Legal Malpractice Claims.

Outerlimits Technologies, LLC v. Cozen O’Connor, No. 169 EDA 2023, 2023 WL 8524299, unpublished (Pa. Super. Dec. 8, 2023) - The Pennsylvania Superior Court affirmed a trial court ruling dismissing a legal malpractice breach of…more

Attorney Malpractice, Breach of Contract, Pennsylvania, Professional Liability, State Action Doctrine

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Commonwealth Court Affirms Trial Court’s Decision to Determine Jerk and Jolt Burden as a Matter of Law

Key Points: The “jerk and jolt doctrine” is a long-standing tenet of Pennsylvania law that protects common carriers from liability involving the normal “jerks” and “jolts” that are expected in the operation of a vehicle. The…more

Commercial Vehicles, Liability, Pennsylvania

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Pay-if-Paid Clause in Construction Contract Found to Be Enforceable

Key Points: New Jersey Appellate Division rules on enforceability of “pay-if-paid” provision of construction contract. Court held that “pay-if-paid” provision was applicable and enforceable. Nevertheless, more litigation…more

Construction Contracts, Construction Industry, Construction Project, Contract Terms, General Contractors

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On the Horns of a Trial Dilemma: Addressing a Prior Conviction on Direct Examination or Waiving the Right to Contest the Admissibility on Appeal

Key Points: A recent Superior Court case found the filing of an unsuccessful motion in limine to preclude a prior conviction does not preserve the issue on appeal if the defendant strategically chooses to then introduce the…more

Admissibility, Appellate Review, Evidence, Prior Conviction, Trials

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Looking to Downsize Office Space or Reduce Storage Costs? What You Should Know About Federal Document Retention Requirements for Employee Records

Key Points: An employer must keep employee information confidential. Keep employee-related documents for the time periods that federal and state laws require. Safeguard the confidentiality of sensitive information within…more

Americans with Disabilities Act (ADA), Data Retention, Employees, Equal Employment Opportunity Commission (EEOC), Personal Information

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Judges of Compensation Claims Have the Authority to Take a Flexible and Holistic Approach to Permanent Total Disability Claims as the Triers of Fact. The Blake Methods Are Guidelines, Not Requirements.

Gulf Management, Inc. and Gallagher Bassett Services, Inc. v. Talmadge Wall, DCA#: 20-2037; JCC: Massey; Decision date: Nov. 29, 2023 - The employer/carrier in this matter appealed the judge of compensation claims’ award of…more

Disability Benefits, Permanent Disability, Workers' Compensation Claim, Workplace Injury

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Injuries Sustained by a Claimant While Commuting Were Not Compensable Under the Act as the Claimant Was Not a Traveling Employee With No Fixed Place of Work.

Jorge Martinez v. Lewis Tree Service (Workers’ Compensation Appeal Board); No. 298 C.D. 2023; filed Feb. 8, 2024; Senior Judge Leavitt - The claimant worked as a crew leader for the employer’s tree-trimming business. On October…more

Car Accident, Commuting, Traveling Employee, Workers Compensation Act, Workers Compensation Board

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Household Vehicle Exclusion Once Again Enforced—Under the Appropriate Facts

The household vehicle exclusion has once again been proven to be viable and enforceable—under the right circumstances. Major was using her mother’s vehicle when she was struck by another vehicle operated by Cruz. Major…more

Auto Insurance, Car Accident, Insurance Industry, Insurance Litigation, Policy Exclusions

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Including Settled Defendants on a Verdict Sheet: A Reminder that No Assumptions Are Allowed

Key Points: Pennsylvania’s Fair Share Act permits the inclusion of a defendant or other non-party who has entered into a release with a plaintiff to be included on the verdict sheet and, thus, subject to apportionment of…more

Apportionment, Discovery, Immunity, Liability, Pennsylvania

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Florida Court of Appeals Maintains Its Position on the Presumption of Prejudice as to Untimely Notice.

Arce v. Citizens Property Insurance Company, 3D22-0722 - The trial court granted the defendant’s motion for summary judgment by applying the presumption of prejudice in a case where the insureds submitted a claim for Hurricane…more

Denial of Insurance Coverage, Insurance Claims, Insurance Industry, Natural Disasters, Policy Terms

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Legal Updates for Lawyers’ Professional Liability - Case Law Update

In Law Office of Drew J. Bauman v. Hanover Insurance Company, 2023 WL 2238552 (D.N.J. February 27, 2023), the plaintiffs maintained a professional liability insurance policy with the Hanover defendants from October 2017 to…more

Breach of Contract, Denial of Insurance Coverage, Insurance Brokers, Insurance Industry, Liability Insurance

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

This Privacy Policy describes how JD Supra, LLC ("JD Supra" or "we," "us," or "our") collects, uses and shares personal data collected from visitors to our website (located at www.jdsupra.com) (our "Website") who view only publicly-available content as well as subscribers to our services (such as our email digests or author tools)(our "Services"). By using our Website and registering for one of our Services, you are agreeing to the terms of this Privacy Policy.

Please note that if you subscribe to one of our Services, you can make choices about how we collect, use and share your information through our Privacy Center under the "My Account" dashboard (available if you are logged into your JD Supra account).

Collection of Information

Registration Information. When you register with JD Supra for our Website and Services, either as an author or as a subscriber, you will be asked to provide identifying information to create your JD Supra account ("Registration Data"), such as your:

  • Email
  • First Name
  • Last Name
  • Company Name
  • Company Industry
  • Title
  • Country

Other Information: We also collect other information you may voluntarily provide. This may include content you provide for publication. We may also receive your communications with others through our Website and Services (such as contacting an author through our Website) or communications directly with us (such as through email, feedback or other forms or social media). If you are a subscribed user, we will also collect your user preferences, such as the types of articles you would like to read.

Information from third parties (such as, from your employer or LinkedIn): We may also receive information about you from third party sources. For example, your employer may provide your information to us, such as in connection with an article submitted by your employer for publication. If you choose to use LinkedIn to subscribe to our Website and Services, we also collect information related to your LinkedIn account and profile.

Your interactions with our Website and Services: As is true of most websites, we gather certain information automatically. This information includes IP addresses, browser type, Internet service provider (ISP), referring/exit pages, operating system, date/time stamp and clickstream data. We use this information to analyze trends, to administer the Website and our Services, to improve the content and performance of our Website and Services, and to track users' movements around the site. We may also link this automatically-collected data to personal information, for example, to inform authors about who has read their articles. Some of this data is collected through information sent by your web browser. We also use cookies and other tracking technologies to collect this information. To learn more about cookies and other tracking technologies that JD Supra may use on our Website and Services please see our "Cookies Guide" page.

How do we use this information?

We use the information and data we collect principally in order to provide our Website and Services. More specifically, we may use your personal information to:

  • Operate our Website and Services and publish content;
  • Distribute content to you in accordance with your preferences as well as to provide other notifications to you (for example, updates about our policies and terms);
  • Measure readership and usage of the Website and Services;
  • Communicate with you regarding your questions and requests;
  • Authenticate users and to provide for the safety and security of our Website and Services;
  • Conduct research and similar activities to improve our Website and Services; and
  • Comply with our legal and regulatory responsibilities and to enforce our rights.

How is your information shared?

  • Content and other public information (such as an author profile) is shared on our Website and Services, including via email digests and social media feeds, and is accessible to the general public.
  • If you choose to use our Website and Services to communicate directly with a company or individual, such communication may be shared accordingly.
  • Readership information is provided to publishing law firms and companies and authors of content to give them insight into their readership and to help them to improve their content.
  • Our Website may offer you the opportunity to share information through our Website, such as through Facebook's "Like" or Twitter's "Tweet" button. We offer this functionality to help generate interest in our Website and content and to permit you to recommend content to your contacts. You should be aware that sharing through such functionality may result in information being collected by the applicable social media network and possibly being made publicly available (for example, through a search engine). Any such information collection would be subject to such third party social media network's privacy policy.
  • Your information may also be shared to parties who support our business, such as professional advisors as well as web-hosting providers, analytics providers and other information technology providers.
  • Any court, governmental authority, law enforcement agency or other third party where we believe disclosure is necessary to comply with a legal or regulatory obligation, or otherwise to protect our rights, the rights of any third party or individuals' personal safety, or to detect, prevent, or otherwise address fraud, security or safety issues.
  • To our affiliated entities and in connection with the sale, assignment or other transfer of our company or our business.

How We Protect Your Information

JD Supra takes reasonable and appropriate precautions to insure that user information is protected from loss, misuse and unauthorized access, disclosure, alteration and destruction. We restrict access to user information to those individuals who reasonably need access to perform their job functions, such as our third party email service, customer service personnel and technical staff. You should keep in mind that no Internet transmission is ever 100% secure or error-free. Where you use log-in credentials (usernames, passwords) on our Website, please remember that it is your responsibility to safeguard them. If you believe that your log-in credentials have been compromised, please contact us at privacy@jdsupra.com.

Children's Information

Our Website and Services are not directed at children under the age of 16 and we do not knowingly collect personal information from children under the age of 16 through our Website and/or Services. If you have reason to believe that a child under the age of 16 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

Links to Other Websites

Our Website and Services may contain links to other websites. The operators of such other websites may collect information about you, including through cookies or other technologies. If you are using our Website or Services and click a link to another site, you will leave our Website and this Policy will not apply to your use of and activity on those other sites. We encourage you to read the legal notices posted on those sites, including their privacy policies. We are not responsible for the data collection and use practices of such other sites. This Policy applies solely to the information collected in connection with your use of our Website and Services and does not apply to any practices conducted offline or in connection with any other websites.

Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

  • Our Legal Basis for Processing: Generally, we rely on our legitimate interests in order to process your personal information. For example, we rely on this legal ground if we use your personal information to manage your Registration Data and administer our relationship with you; to deliver our Website and Services; understand and improve our Website and Services; report reader analytics to our authors; to personalize your experience on our Website and Services; and where necessary to protect or defend our or another's rights or property, or to detect, prevent, or otherwise address fraud, security, safety or privacy issues. Please see Article 6(1)(f) of the E.U. General Data Protection Regulation ("GDPR") In addition, there may be other situations where other grounds for processing may exist, such as where processing is a result of legal requirements (GDPR Article 6(1)(c)) or for reasons of public interest (GDPR Article 6(1)(e)). Please see the "Your Rights" section of this Privacy Policy immediately below for more information about how you may request that we limit or refrain from processing your personal information.
  • Your Rights
    • Right of Access/Portability: You can ask to review details about the information we hold about you and how that information has been used and disclosed. Note that we may request to verify your identification before fulfilling your request. You can also request that your personal information is provided to you in a commonly used electronic format so that you can share it with other organizations.
    • Right to Correct Information: You may ask that we make corrections to any information we hold, if you believe such correction to be necessary.
    • Right to Restrict Our Processing or Erasure of Information: You also have the right in certain circumstances to ask us to restrict processing of your personal information or to erase your personal information. Where you have consented to our use of your personal information, you can withdraw your consent at any time.

You can make a request to exercise any of these rights by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

We will make all practical efforts to respect your wishes. There may be times, however, where we are not able to fulfill your request, for example, if applicable law prohibits our compliance. Please note that JD Supra does not use "automatic decision making" or "profiling" as those terms are defined in the GDPR.

  • Timeframe for retaining your personal information: We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, or subsequently authorized. We may continue processing your personal information for longer periods, but only for the time and to the extent such processing reasonably serves the purposes of archiving in the public interest, journalism, literature and art, scientific or historical research and statistical analysis, and subject to the protection of this Privacy Policy. For example, if you are an author, your personal information may continue to be published in connection with your article indefinitely. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.
  • Onward Transfer to Third Parties: As noted in the "How We Share Your Data" Section above, JD Supra may share your information with third parties. When JD Supra discloses your personal information to third parties, we have ensured that such third parties have either certified under the EU-U.S. or Swiss Privacy Shield Framework and will process all personal data received from EU member states/Switzerland in reliance on the applicable Privacy Shield Framework or that they have been subjected to strict contractual provisions in their contract with us to guarantee an adequate level of data protection for your data.

California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, our customers who are California residents have the right to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes.

You can make a request for this information by emailing us at privacy@jdsupra.com or by writing to us at:

Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

Some browsers have incorporated a Do Not Track (DNT) feature. These features, when turned on, send a signal that you prefer that the website you are visiting not collect and use data regarding your online searching and browsing activities. As there is not yet a common understanding on how to interpret the DNT signal, we currently do not respond to DNT signals on our site.

Access/Correct/Update/Delete Personal Information

For non-EU/Swiss residents, if you would like to know what personal information we have about you, you can send an e-mail to privacy@jdsupra.com. We will be in contact with you (by mail or otherwise) to verify your identity and provide you the information you request. We will respond within 30 days to your request for access to your personal information. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why. If you would like to correct or update your personal information, you can manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard. If you would like to delete your account or remove your information from our Website and Services, send an e-mail to privacy@jdsupra.com.

Changes in Our Privacy Policy

We reserve the right to change this Privacy Policy at any time. Please refer to the date at the top of this page to determine when this Policy was last revised. Any changes to our Privacy Policy will become effective upon posting of the revised policy on the Website. By continuing to use our Website and Services following such changes, you will be deemed to have agreed to such changes.

Contacting JD Supra

If you have any questions about this Privacy Policy, the practices of this site, your dealings with our Website or Services, or if you would like to change any of the information you have provided to us, please contact us at: privacy@jdsupra.com.

JD Supra Cookie Guide

As with many websites, JD Supra's website (located at www.jdsupra.com) (our "Website") and our services (such as our email article digests)(our "Services") use a standard technology called a "cookie" and other similar technologies (such as, pixels and web beacons), which are small data files that are transferred to your computer when you use our Website and Services. These technologies automatically identify your browser whenever you interact with our Website and Services.

How We Use Cookies and Other Tracking Technologies

We use cookies and other tracking technologies to:

  1. Improve the user experience on our Website and Services;
  2. Store the authorization token that users receive when they login to the private areas of our Website. This token is specific to a user's login session and requires a valid username and password to obtain. It is required to access the user's profile information, subscriptions, and analytics;
  3. Track anonymous site usage; and
  4. Permit connectivity with social media networks to permit content sharing.

There are different types of cookies and other technologies used our Website, notably:

  • "Session cookies" - These cookies only last as long as your online session, and disappear from your computer or device when you close your browser (like Internet Explorer, Google Chrome or Safari).
  • "Persistent cookies" - These cookies stay on your computer or device after your browser has been closed and last for a time specified in the cookie. We use persistent cookies when we need to know who you are for more than one browsing session. For example, we use them to remember your preferences for the next time you visit.
  • "Web Beacons/Pixels" - Some of our web pages and emails may also contain small electronic images known as web beacons, clear GIFs or single-pixel GIFs. These images are placed on a web page or email and typically work in conjunction with cookies to collect data. We use these images to identify our users and user behavior, such as counting the number of users who have visited a web page or acted upon one of our email digests.

JD Supra Cookies. We place our own cookies on your computer to track certain information about you while you are using our Website and Services. For example, we place a session cookie on your computer each time you visit our Website. We use these cookies to allow you to log-in to your subscriber account. In addition, through these cookies we are able to collect information about how you use the Website, including what browser you may be using, your IP address, and the URL address you came from upon visiting our Website and the URL you next visit (even if those URLs are not on our Website). We also utilize email web beacons to monitor whether our emails are being delivered and read. We also use these tools to help deliver reader analytics to our authors to give them insight into their readership and help them to improve their content, so that it is most useful for our users.

Analytics/Performance Cookies. JD Supra also uses the following analytic tools to help us analyze the performance of our Website and Services as well as how visitors use our Website and Services:

  • HubSpot - For more information about HubSpot cookies, please visit legal.hubspot.com/privacy-policy.
  • New Relic - For more information on New Relic cookies, please visit www.newrelic.com/privacy.
  • Google Analytics - For more information on Google Analytics cookies, visit www.google.com/policies. To opt-out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout. This will allow you to download and install a Google Analytics cookie-free web browser.

Facebook, Twitter and other Social Network Cookies. Our content pages allow you to share content appearing on our Website and Services to your social media accounts through the "Like," "Tweet," or similar buttons displayed on such pages. To accomplish this Service, we embed code that such third party social networks provide and that we do not control. These buttons know that you are logged in to your social network account and therefore such social networks could also know that you are viewing the JD Supra Website.

Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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