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

 







Document(s) published by this organization: 117


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HTMLExclusion of Expert’s Video Simulation, Because Its Probative Value Was Substantially Outweighed By The Possibility Of Unfair Prejudice, Is Not An Abuse Of Discretion Because The Simulation Could Have Caused Jury To Improperly Defer To Expert’s Opinion
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
In this automobile accident case, the Fourth District Court held that a trial court’s exclusion of a video simulation—because its probative value was substantially outweighed by the possibility of unfair prejudice—was not an abuse of discretion as it could have caused the jury to...

 

HTMLPetitioner’s Claim Dismissed Based on an Adverse Inference Drawn from Petitioner’s Failure to Produce Either the Testimony or Records of His Treating Cardiologist
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The petitioner was employed by the respondent from 1961 through 1974 and again from 1986 though his retirement in 1999. The majority of the petitioner’s career with the respondent was spent as a vehicle maintenance foreman, where he supervised the maintenance of cars, trucks and heavy...

 

HTMLPennsylvania Supreme Court Holds That A Pennsylvania State Trooper Who Struck and Killed A Woman with His Patrol Car Was Entitled To Benefits for A Psychic Injury Due To Abnormal Working Conditions
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 2, 2014, previously published on January 2, 2014
The claimant, a trooper for the Pennsylvania State Police, was driving his patrol car early on a dark morning when a woman, dressed all in black, suddenly ran in front of his vehicle and was struck by the car. The claimant immediately pulled the car into the traffic lane and rushed to help the...

 

HTMLContractually Limiting Individual Liability for Design Professionals Using Florida’s New Legislation
Michael J. DeCandio, Amanda Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In Moransais v. Heathman, 702 So. 2d 601 (Fla. 2d DCA 1997), Philippe Moransais hired a professional engineering corporation to perform an inspection of a home he had contracted to purchase. Two engineers employed by the corporation, Jordan and Sauls, performed the home inspection. Relying upon the...

 

HTMLBankruptcy Fraud—Tactics for the Effective Use of a Plaintiff’s Bankruptcy Filing in Defending Civil Claims
Nicholas D. Bowers; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
As most any seasoned claim handler can attest, it is not uncommon to come across a civil plaintiff who has pursued or is actively pursuing a petition for bankruptcy in the federal courts, separate and apart from his or her civil claim. As is set forth in detail below, these bankruptcy filings can...

 

HTMLFrom Frye to Daubert: What You Need to Know About Admitting Expert Testimony in Florida State Courts
Michael J. DeCandio, Amanda Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In April 2013, the Florida legislature passed House Bill 7015, which eliminated Florida’s reliance on the Frye standard for the admission of expert testimony. Effective July 1, 2013, all Florida state courts must to adhere to the current federal standard, known as the Daubert standard. There...

 

HTMLRamifications for Employer’s When There Are “Guns At Work”
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In Florida and across the country, impassioned discussions about gun rights are taking place. In the wake of high-profile cases like the George Zimmerman trial and the events at the Naval Yard shooting in Washington, D.C., conceal and carry permits have become a hot topic of discussion. Much of the...

 

HTMLDefending the Compelled Use of Arbitration Agreements
Jason P. Ferrante; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
On September 9, 2003, an Ohio appellate court published its opinion in McFarren v. Emeritus at Canton, 2013 Ohio App. LEXIS 4058 (Ohio Ct. App. Sept. 9, 2013). The opinion is contrary to fairly recent United States Supreme Court law that bolstered the compelled application of binding arbitration...

 

HTMLNot So Fast!!! The Court Reverses Dismissal of Unjust Enrichment Claim for Overpayment of Workers’ Compensation Benefits
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
In Adam Weiner v. Elizabeth Board of Education, 2013 N.J. Super. Unpub. LEXIS 1729 (N.J. Super. App. Div. July 15, 2013), the New Jersey Appellate Division addressed the issue of what process is required in order to properly evaluate an unjust enrichment claim. The fact of the case are...

 

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...

 


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