Article(s) published by this organization: 71
 | The Summit Decision: Limiting General Contractors' Liability under OSHA for Safety Violations of Its Subcontractors at Multi-Employer Construction Sites Elizabeth A. Underwood; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 In Secretary of Labor v. Summit Contractors, Inc., 2007 OSAHRC LEXIS 34, Docket No. 03-1622 (April 27, 2007), the Occupation Safety and Health Review Commission limited the Secretary of Labor's ability to issue citations for violations of OSHA construction safety standards to a... |
| Medicare, the Bull in the Settlement China Shop James E. Pocius; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 Using the Medicare Secondary Payer Act and the new SCHIP Extension Act (passed in December of 2007), Medicare is bulling its way into workers' compensation and liability settlements. |
| New Jersey Supreme Court Clarifies That the Tolling For the Statute of Repose Begins When the Designer or Contractor Has Completed His or Her Portion of the Work Dante C. Rohr; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 The Statute of Repose, N.J.S.A. 2A:14-1.1, was enacted after the advent of the "discovery" rule and the demise of the "completed and accepted rule" appreciably enlarged the potential liability of architects, building contractors, and others who contribute to improvements of real... |
| Extra! Extra! Read All About It! Newspaper Reporter Not Required To Disclose Source in Defamation Case, Even When Violation of Grand Jury Secrecy Is Alleged Susan L. DiGiacomo; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 In Castellani v. The Scranton Times, 956 A.2d 937 (Pa. 2008), the Supreme Court of Pennsylvania was faced with a situation which brought into conflict two long standing rules of law: the Shield Law and the Grand Jury Act. |
| IREs at Issue Again! Michele R. Punturi; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 Since the introduction of Act 57 to the Pennsylvania Workers' Compensation Act, the workers' compensation arena has been faced with interpreting it as it pertains to Impairment Rating Evaluations (IREs). |
| Pennsylvania Superior Court Prohibits Sexual Discrimination Claims under the PA Equal Rights Amendment against Private Actors Casey L. Sipe; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 On September 29, 2008, in Dillon v. Homeowner's Select, Affinity Insurance Services, Inc., 957 A.2d 772 (Pa. Super. 2008), the Superior Court of Pennsylvania ruled that private employers cannot be held liable for gender discrimination under the Equal Rights Amendment of the Pennsylvania... |
| The Ever Expanding New Jersey Law against Discrimination Act Victoria A. Cabalar; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 In a case of first impression, on September 18, 2008, the New Jersey Appellate Division held that constructive knowledge of coworker sexual harassment premised upon a negligence-based theory of direct liability, or through agency, may be imputed to an employer where the employer has failed to have... |
| Whose State? Whose Law? Choice of Law Redefined In New Jersey Walter F. Kawalec; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 The key issue in any case which touches more than one state is the question of which state's law applies. In New Jersey, the "governmental interest" test has long been the approved approach. |
| The Red Flag Rules Pose Challenges Eric A. Packel; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 An alphabet soup of government agencies, including the OCC, the FTC, and the FDIC, had a hand in the implementation of various regulations, together referred to as the Red Flag rules. |
| The Motion for Emergent Medical Care & A Swifter, Strong Division of Workers' Compensation Dario J. Badalamenti; Marshall, Dennehey, Warner, Coleman & Goggin; March 25, 2009, previously published on March 2009 On October 1, 2008, Jon S. Corzine, Governor of the state of New Jersey, signed into law certain legislation amending the New Jersey Workers' Compensation Act (the "Act"). |
