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Marshall Dennehey Warner Coleman & Goggin, P.C. Philadelphia, PA Document Search Results (55)

 

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HTMLYou Have The Right to An Attorney But Not Additional Time: Examining the Role of An Unrepresented Claimant in the Workers’ Compensation Proceeding
Ashley S. Talley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
The Commonwealth Court of Pennsylvania recently held that a claimant is not afforded additional time based upon her unrepresented status alone. In Deborah Roundtree v. WCAB (City of Philadelphia), 2015 Pa. Commw. LEXIS 203 (Pa.Commw. May 8, 2015), the claimant was employed as a forensic technician...

 

HTMLAre Your Rights Reserved?
Margaret M. Jenks; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
On April 15, 2015, in the case of Erie Ins Exch. v. Lobenthal, 114 A.3d 832 (Pa. Super. 2015), the Pennsylvania Superior Court addressed the validity of a reservation of rights letter issued by the insurer. The Superior Court found that two separate reservation of rights letters were both...

 

HTMLBack to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...

 

HTMLPennsylvania Supreme Court Holds That an Insurer Defending Under a Reservation of Rights Must Reimburse an Insured for an Unconsented-To Settlement So Long as the Settled Claim Is Covered and the Settlement Is Fair and Reasonable
John J. Hare, R. Bruce Morrison; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
The Pennsylvania Supreme Court has ruled in a 3-2 decision that an insurer defending under a reservation of rights must reimburse an insured for a tort settlement paid by the insured, despite the insurer’s lack of consent to the settlement, if the claim is covered by the policy and the...

 

HTMLSummary Judgment Reversed on Plaintiff's Jones Act Claims
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court reversed orders from the Philadelphia Court of Common Pleas granting summary judgment in favor of defendants Arco and Sunoco on the basis that evidence existed that the plaintiff was exposed to asbestos aboard vessels operated by the defendants and that the plaintiff...

 

HTMLSuperior Court Rules Tincher Applies to Failure to Warn Cases
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court recently issued an opinion deciding a number of issues in the consolidated appeal of Amato v. Crane/Vinciguerra v. Crane, 2015 PA Super. 83. The cases were appeals from jury verdicts of $2.5 million and $2.3 million that were tried in Philadelphia in February 2013...

 

HTMLFederal Judge Applies "Bare Metal Defense" Under PA Law
Joshua D. Scheets; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
Judge Eduardo Robreno of the USDC for EDPA issued a thorough and searching analysis of the applicability of what has been termed the "bare metal defense" under Pennsylvania law and predicted how Pennsylvania courts would determine this issue in the current absence of appellate authority...

 

HTMLU.S. Supreme Court Holds That Courts Are Permitted To Judicially Review Whether the EEOC Fulfilled Its Duty to Attempt Conciliation Prior to Initiating a Lawsuit
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
A woman filed a Charge of Discrimination against Mach Mining, alleging that its failure to hire her as a coal miner constituted gender discrimination. The EEOC later found that “reasonable cause” existed that the company had discriminated against a class of women who also applied for...

 

HTMLHospital’s Board Meeting Minutes May Be Protected by Attorney-Client and Peer Review Privileges, But a Department of Health Investigation is Not Privileged
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
Michael Yocabet received a kidney transplant from Christina Mecannic. Prior to the transplant, Yocabet did not have Hepatitis C. It was determined after the surgery that UPMC had transplanted a Hepatitis C-infected kidney from Mecannic. As a result of the transplant, the Department of Health (DOH)...

 

HTMLConsider Leaving Informed Consent Claims in Your Case to Bolster Your Defense
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The Pennsylvania Supreme Court ruled that, generally, a patient’s informed consent to the risks of treatment is irrelevant in a case sounding in only medical negligence. The Supreme Court, however, refused to adopt the Superior Court’s bright line ruling that all aspects of informed...

 


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