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

 







Document(s) published by this organization: 117


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HTMLYou Slip. You Fall. You Lose. Florida’s Updated Transient Foreign Substance Statute
Alan C. Nash; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
On July 1, 2010, Florida Statute § 768.0710 was supplanted by Florida Statute § 768.0755. A win for premises owners and insurance carriers, Florida Statute § 768.0755 imposed a greater burden of proof upon plaintiffs in slip and fall cases allegedly caused by transitory foreign...

 

HTMLHow Many Occurrences Have Occurred Where the Occurrence Occurs Under Statutory MCARE Coverage?
Michelle L. Wilson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
The Pennsylvania Supreme Court recently addressed the meaning of “occurrence” with regard to the limits of coverage provided by the Medical Care Availability and Reduction of Error Fund (Fund) on matters that fall under the “extended claim” provision at § 715 of the...

 

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...

 

HTMLPennsylvania Appellate Court Limits Extent of Kvaerner in Coverage Matters
Eric R. Brown; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 9, 2013, previously published on December 6, 2013
For the first time since the Pennsylvania Supreme Court issued its Kvaerner decision, in which it found that defective workmanship is not an "occurrence" under Pennsylvania law, a Pennsylvania appellate decision has limited the extent of that holding. Indalex v. National Union, 2013 PA...

 

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...

 

HTMLUnder What Circumstances Can a Respondent Recover a Faultless Overpayment of Workers’ Compensation Benefits from a Petitioner?
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 30, 2013, previously published on October 18, 2013
On October 18, 2000, the petitioner received an award of total disability from his employer, entitling him to permanent total disability (PTD) benefits at a rate of $480 per week for 450 weeks. On April 1, 2002, the petitioner qualified for and began receiving ordinary disability pension benefits,...

 

HTMLBecause Decedent’s Death Did Not Occur Within 300 Weeks of the Date of the Original Work Injury, Denial of Fatal Claim Petition was Proper.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 22, 2013, previously published on October 18, 2013
The decedent suffered a work injury on October 15, 2003, which was acknowledged by Notice of Compensation Payable (NCP) as a “lumbar strain/sprain.” Later, in connection with a petition to review, the parties stipulated to amending the description of the work injury to “lumbar...

 

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...

 

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.,...

 

HTMLAn Employer is Entitled to Subrogation from a Recovery Made by a Claimant from a Bad Faith Action against a Manufacturer’s Insurance Carrier.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The claimant sustained a crush injury to his right hand while using a conveyor belt at work. The employer paid the claimant total disability benefits and paid his medical bills. Later, the claimant filed a product liability action against the manufacturer of the conveyor belt, and the employer...

 


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