Marshall Dennehey Warner Coleman & Goggin, P.C. Philadelphia, PA Document Search Results (28)
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|Requests For Public Records From The Pennsylvania State Police Are Subject To Broad Exemptions.|
Thomas J. Szymanski; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 28, 2014The Pennsylvania State Police (PSP) and Municipal Police Officers’ Education and Training Commission (MPOETC) appealed a determination of the Office of Open Records (OOR) ordering the PSP to disclose to a newspaper and reporter (Requesters) the names of all police officers accredited by the...
|Forum Non Conveniens: Where Your Convenience Does Not Matter|
David Salazar; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 17, 2014, previously published on March 1, 2014For years, defendants have been at the mercy of a plaintiff’s choice of venue. Other than removing to federal court or objecting to an improper venue, defendants have little control over where a matter will be litigated. Forum non conveniens has long been somewhat of a mirage: an option that,...
|Will Pennsylvania Replace the Current Standard of Strict Liability for Design Defects With the Negligence Inclusive Analysis of Section 2 of the Third Restatement of Torts?|
Alex B. Norman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 14, 2014, previously published on March 1, 2014On October 15, 2013, the Pennsylvania Supreme Court heard oral argument in Tincher v. Omega Flex, No. 17 MAP 2013, regarding whether to replace the strict liability analysis of Section 402A of the Second Restatement with the negligence inclusive analysis of Section 2 of the Third Restatement. The...
|The Phantom Vehicle: Prejudice in Delayed UM Claim Not Presumed, But Certainly Demonstrable|
Shane Haselbarth; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 14, 2014, previously published on March 1, 2014In Vanderhoff v. Harleysville Insurance Company, 78 A.3d 1060 (Pa. 2013), the Pennsylvania Supreme Court decided—hopefully for the last time—the fate of an uninsured motorist claim premised upon a phantom vehicle. The court’s decision examined the contours of the prejudice issue...
|Occupant In a Fleeing Vehicle Is Not an Innocent Bystander...Or Is He?|
Kimberly A. Boyer-Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
March 14, 2014, previously published on March 1, 2014Under the law in Pennsylvania, police officers owe no duty of care to the driver of a fleeing vehicle, Lindstrom v. City of Corry, 763 A.2d 394 (Pa. 2000), but they do owe a duty of care to innocent third parties, Jones v. Chieffo, 700 A.2d 417 (Pa. 1997), who are bystanders unconnected with the...
|PA Supreme Court To Hear Failure To Disclose Psychological Damage To Property Appeal|
Samuel E. Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
February 3, 2014, previously published on January 29, 2014The Pennsylvania Supreme Court recently granted the petition for allowance of appeal of a December 26, 2012, Superior Court ruling that psychological damage to real property is not considered a material defect in the property which must be revealed by the seller to the buyer.
|Bankruptcy Fraud—Tactics for the Effective Use of a Plaintiff’s Bankruptcy Filing in Defending Civil Claims|
Nicholas D. Bowers; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 19, 2013, previously published on December 17, 2013As most any seasoned claim handler can attest, it is not uncommon to come across a civil plaintiff who has pursued or is actively pursuing a petition for bankruptcy in the federal courts, separate and apart from his or her civil claim. As is set forth in detail below, these bankruptcy filings can...
|The Disregarded Diagnosis--How to Litigate the Termination Petition Without an Unreasonable Contest|
Raphael M. Duran, Andrea C. Rock; Marshall Dennehey Warner Coleman & Goggin, P.C.;
December 18, 2013, previously published on December 17, 2013Both defense attorneys and insurance adjusters have been in the situation where they receive an IME report in which the doctor seems to have disagreed with the work-related diagnoses or ignored what was judicially determined as work-related by a workers’ compensation judge. While this...