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Marshall Dennehey Warner Coleman & Goggin, P.C. Roseland, NJ Document Search Results (15)

 

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HTMLOrder for Home Remediation Reversed Due to Lack of Competent Medical Evidence as Required by Squeo.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
The petitioner, partially paralyzed and confined to a wheelchair, sought additional modification to his home in the form of an interior elevator. The Board denied the application for installation of an elevator as unnecessary. The petitioner offered the testimony of “an expert in home...

 

HTMLDismissal of Tort Action Affirmed Based on a Finding That the Defendant was the Plaintiff's "Special Employer."
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 24, 2015, previously published on April 1, 2015
The plaintiff was hired by a jewelry store—owned by the defendants’ mother—who later instructed her to work full-time at the defendants’ home. They directed the plaintiff’s day-to-day work duties and controlled her working conditions, but the jewelry store paid her...

 

HTML"Like-licensed" professional rule does not necessarily apply when reviewing the qualifications of testifying experts. Barring plaintiff's expert's report on the eve of trial constitutes exceptional circumstances that warrant a discovery extension.
Robert A. Diehl; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 16, 2015, previously published on April 1, 2015
The New Jersey Appellate Division considered the barring of a plaintiff's expert's report on the eve of trial due to the fact that the report was authored by an engineer but offered against the defendant architectural firm. It is noted that the report was barred despite the fact that an architect...

 

HTMLNew Jersey Creates Complex Business Litigation Program
Perri Koll; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 14, 2015, previously published on March 1, 2015
On November 13, 2014, the Supreme Court of New Jersey authorized a complex business litigation program that expands upon a previous pilot program. Complex business, commercial and construction cases filed on or after January 1, 2015, will be eligible for the program, including jury and non-jury...

 

HTMLThe Appellate Division Quashes an “Intentional Tort” Challenge to the Exclusive Remedy Provision of the Workers’ Compensation Act.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 6, 2015, previously published on January 6, 2015
The petitioner was employed as a commercial pesticide applicator, and he was licensed by the State of New Jersey, Department of Environmental Protection. He participated in the state’s certification program, and he also attended recertification courses provided six or seven times a year by...

 

HTMLInterpreting the Definition of “Employment” Under N.J.S.A. 34:15-36 of the Act in the Context of Off-Premises Employment.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 3, 2014, previously published on October 1, 2014
The petitioner, a school bus aide, filed a claim with the Division of Workers’ Compensation seeking medical and indemnity benefits after she was injured while stepping from the school bus. The respondent denied that the petitioner’s accident arose out of and in the course of her...

 

HTMLExercise Caution and Attention to Detail When Presenting Agreements to Nursing Home Residents and Patients.
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement executed by the plaintiff, attorney-in-fact, who executed...

 

HTMLPrescribing High Potency Medication to a Known Drug Abuser: Is The Doctor Liable for Resulting Injuries?
Julia A. Klubenspies; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 5, 2014, previously published on September 1, 2014
I reported to you the December 2013 issue of Defense Digest that the New Jersey Supreme Court heard oral argument in October 2013 in a case involving a patient with a known drug-abuse history, who orally ingested medication from a prescription high-potency skin patch, ultimately leading to anoxic...

 

HTMLAppellate Division Affirms Perceived Inadequate Fee Award on Motion for Medical and/or Temporary Benefits
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
On July 13, 2007, the petitioner was injured when he slipped and fell on the respondent’s premises. Prior to filing a claim with the Division of Workers’ Compensation, the petitioner’s injury was deemed compensable by the respondent’s workers’ compensation carrier, and...

 

HTMLNew Jersey Supreme Court Reverses an Appellate Division Decision Employing an Overly Expansive Interpretation of the Premises Rule
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
As the petitioner’s employer, the respondent assigned the petitioner free parking at a private garage located about two blocks from her workplace. The respondent paid for 65 parking spaces for its employees at this private garage, provided each employee with a scan card so that they could...

 


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