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Marshall Dennehey Warner Coleman & Goggin, P.C. Philadelphia, PA Document Search Results (30)

 

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HTMLPA Supreme Court To Hear Failure To Disclose Psychological Damage To Property Appeal
Samuel E. Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
The 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.

 

HTMLBankruptcy 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.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
As 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...

 

HTMLThe 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.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
Both 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...

 

Adobe PDFDelaware Supreme Court Concludes That Medical Bills of A Non-Certified Provider Are Not Compensable Because Preauthorization Was Necessary
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
November 26, 2013, previously published on November 21, 2013
In Wyatt v. ResCare Home Care (decided November 20, 2013)-a case argued by Linda Wilson of our Wilmington, Delaware, office-the Delaware Supreme Court rejects the Superior Court’s decision in Vanvliet v. D&B Transp., 2012 WL 5964392 (Del. Super. Ct. Nov. 28, 2012) and holds that the medical...

 

HTMLThe Difference between “I’m Sorry” and “I Was Wrong.”
Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
In June 2013, the Pennsylvania Senate passed the Senate Bill No. 379, the Benevolent Gesture Medical Professional Liability Act, also known as the Apology Act. The bill, which passed the Pennsylvania House of Representatives, returns to the House in the fall 2013 to pass the Senate’s version,...

 

HTMLThe United States Supreme Court Holds that a Mixed-Motive Jury Instruction in a Title VII Retaliation Case is Improper.
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The United States Supreme Court held that a plaintiff bringing a retaliation claim under Title VII must demonstrate “that the desire to retaliate was the but-for cause of the challenged employment action” and further noted that a “mixed-motive” jury instruction in a Title...

 

HTMLWhen an Insurer Tenders a Defense Subject to a Reservation of Rights, the Insured May Choose One of Two Options
Sarah J. Brown, Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
When an insurer tenders a defense subject to a reservation of rights, the insured may choose one of two options: (1) accept the defense, in which case it remains unqualifiedly bound to the terms of the consent to settle provision of the policy; or (2) the insured may decline the insurer’s...

 

HTMLThe Supreme Court Holds that an Employee is a “Supervisor” for Purposes of Vicarious Liability under Title VII Only When the Employer has Empowered the Employee to Take Tangible Employment Actions against the Alleged Victim.
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The Supreme Court resolved a circuit split and held that an employee is a supervisor for purposes of establishing vicarious liability in a Title VII hostile work environment case only when “the employer has empowered that employee to take tangible employment actions against the victim, i.e.,...

 

HTMLData Breach Lawsuit against LinkedIn is Dismissed for Lack of Standing.
Eric A. Packel; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
After a hacker obtained 6.5 million passwords and email addresses from LinkedIn (the professional networking site), two of its users brought a putative class action claiming that LinkedIn had misrepresented its level of security. However, the plaintiffs ran into a threshold problem seen in many...

 

HTMLLandmark False Claims Act Judgment Imposed For Stark Violations
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
October 7, 2013, previously published on October 7, 2013
Tuomey Healthcare System is facing the largest False Claims Act verdict ever issued against a not-for-profit hospital. This ruling came on September 29, 2013, when the court ordered that Tuomey pay the sum of $237,454,195 to the United States government and qui tam relator, Michael L. Drakeford,...

 


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