03/02/2026

Suzanne Fisher and Emily White secured three distinct dismissals on behalf of their clients

  • On February 10, 2026, the Philadelphia County Court of Common Pleas granted a nonsuit mid-trial, dismissing all claims asserted against an insured arising from an alleged fallen tree limb and an ongoing trespass. Plaintiff filed suit for breach of contract, breach of implied contract, trespass, negligence, and fraud.  Certain counts were dismissed early in the litigation as there was no evidence to support such claims. After jury selection and presentation of the plaintiff’s case in chief, upon the defense’s motion, the Court concluded Plaintiff failed to present sufficient evidence to sustain any theory of recovery and terminated the action in favor of the insured before submission to the jury.
     
  • On February 11, 2026, the Court of Common Pleas of Philadelphia County granted summary judgment in favor of the insureds prior to trial based on the absence of support for the legal theories asserted against their clients. Plaintiff filed claims against multiple neighbors residing in an adjacent townhouse community claiming water intrusion to the plaintiff’s property.  C&W took the lead in moving the case forward, ensuring that there were no viable theories developed against the insureds and then sought dismissal. Codefendants subsequently adopted the strategy executed by the C&W team and later mimicked the process on behalf of their own clients.
     
  • On February 13, 2026, the team secured a third dismissal of their clients in the Allegheny County Court of Common Pleas, arising from claims related to the collapse of a retaining wall. The joining party failed to timely and adequately prosecute its claims and asserted theories of liability which were not viable. Initially, the Court directed that more specific allegations needed to be asserted detailing the claims asserted against the insureds. When such pleading was not filed, C&W filed a request for a dismissal for noncompliance, which the Court granted. The insureds were therefore dismissed from litigation prior to the initiation of discovery. Again, other defendants adopted C&W’s strategy in an effort to secure a similar outcome.

Suzanne and Emily continue their commitment to both the substantive legal work and the business goals of the carriers and clients. Please connect with C&W for any property and general litigation needs.