News & Analysis as of

Premises Liability Motion to Dismiss

Marshall Dennehey

Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.

Marshall Dennehey on

London-Walker v. Walgreens Family of Companies, 2023 WL 6465387 (E.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state...more

Marshall Dennehey

Superior Court Requires Plaintiff to Name Passive Co-owner of Property as a Defendant or Suit Will Be Subject to Dismissal.

Marshall Dennehey on

Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023) - The plaintiff slipped and fell on an icy walkway located adjacent to a property owned by the defendant and his brother as tenants in common. The brother was not named as a...more

Lewitt Hackman

Franchisor 101: Greener Grass in a Foreign Forum

Lewitt Hackman on

A federal court in Maryland denied Marriott International, Inc.’s motion to dismiss plaintiffs’ action based on forum non convenient. Plaintiffs sued Marriott and the JW Marriott hotel franchisee in India for premises...more

Downs Rachlin Martin PLLC

Vermont Court Rules That Commercial Landlord Cannot Be Liable for Injury to Retail Tenant’s Invitee Involving Tenant’s Operations...

In Mowrey v. Eagle Rutland, LLC, et al., Vt. Super. Ct., Docket No. 284-5-18 Rdcv (Aug. 5, 2020), the court held that a non-possessory, arms-length commercial landlord that leased the premises to a supermarket could not be...more

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