Legal Articles: Marshall Dennehey Warner Coleman & Goggin, P.C.

 







Document(s) published by this organization: 108


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HTMLPatiently Waiting for the Florida Supreme Court to Decide Whether Pregnant Women Are Protected Under the Florida Civil Rights Act
Jeannie A. Liebegott; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
There is currently a conflict within the Florida circuits on the issue of whether the Florida Civil Rights Act (§§ 760.01-010, Florida Statutes) protects against workplace discrimination based on pregnancy. This issue was heard by the Florida Supreme Court in late May 2013, in the case of...

 

HTMLMerely Dictum or Controlling Decision? Recent Appellate Decision Addresses Right to Section 40 Recovery Against UIM Policy
Nancy L. Musser; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
In a decision that has practitioners scratching their heads in bewilderment, the New Jersey Appellate Division held in Dever v. New Jersey Manufacturers Insurance Company, 2013 N.J. Super. Unpub. LEXIS 2553 (N.J. Super. App. Div. October 23, 2013) that a workers’ compensation respondent has...

 

HTMLThe Rise of Legal Malpractice Lawsuits
Rocco J. Carbone, John Viggiani; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
Recently, there has been an alarming increase in legal malpractice lawsuits in all practice areas. This article discusses the applicable standard of proof and the statute of limitations for these actions.

 

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.

 

Adobe PDFEx Parte Communication Prohibited Between Employer’s Attorney and Claimant’s Physician
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
A new Commonwealth Court decision in Pennsylvania State University v. Workers’ Compensation Appeal Board (Sox); 454 C.D. 2013, 455 C.D. 2013; filed December 19, 2013, has changed the law regarding communications between an employer and a panel physician when taking depositions. No longer is...

 

HTMLMassage Therapy Provided By an LPN Not Licensed In Massage Therapy Is Nevertheless Reasonable and Necessary
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 14, 2014, previously published on January 2, 2014
The claimant was injured at work in July of 1997. Later, the claimant settled the wage loss portion of his claim through a compromise and release agreement. However, medicals remained opened. The employer then requested utilization review concerning the reasonableness and necessity of medical...

 

HTMLContractual Basis for Claim of Attorney’s Fees May Be Introduced for the First Time Post-Judgment, Regardless of its Presentation Prejudgment.
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 7, 2014, previously published on January 2, 2014
The appellant entered into a credit card account with CapitalOne Bank NA, which was subsequently sold to the appellee, Portfolio Recovery Associates, LLC (“Portfolio”). Portfolio subsequently filed a complaint for account stated, and the appellant filed his answer and affirmative...

 

HTMLFlorida Supreme Court Prohibits Most Partial Proposals for Settlement
John W. Heilman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 6, 2014, previously published on January 3, 2013
The Florida Supreme Court in November 2013 made a notable change to Florida's Proposal for Settlement rule. Namely, the Court generally gutted the ability of a party to serve a partial Proposal for Settlement. This notable change in Florida civil procedure becomes effective on January 1, 2014.

 

HTMLIn Order for an Expert’s Testimony on Permanency to Be Impeached, or Otherwise Rebutted, the Jury’s Ability to Reject the Testimony Must Be Based on Some Reasonable Basis in the Evidence
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The defendants in this automobile negligence case appealed an order granting the plaintiff a new trial on the issue of damages after the trial court directed a verdict on the issue of permanency regarding one of the claimed injuries. The directed verdict was entered on a renewed motion for directed...

 

HTMLEmployer Not Obligated To Reinstate Benefits or Show Continuing Availability of Suitable Work When Claimant, With Residual Disability Seeking To Return To Light-Duty Job, Suffers Non-Work-Related Total Disability Preventing Him from Working At All.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In June 1996, while working under permanent, light-duty restrictions, the claimant suffered a work injury to his right knee. The claimant filed a claim petition, and benefits were awarded after a Workers’ Compensation Judge granted the petition. Shortly after the June 1996, injury, the...

 


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