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

 







Document(s) published by this organization: 121


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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...

 

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...

 

HTMLModification Petition is Based on Results of Ire Was Properly Dismissed Because Ire Physician Failed to Satisfy §306 (a.2) Of Act by Not Being Active in Clinical Practice for At Least 20 Hours per Week
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant was receiving workers’ compensation benefits for injuries he sustained in a work-related motor vehicle accident. The employer filed a request with the Bureau to designate a physician to perform an IRE. The physician selected performed the IRE and concluded that the claimant had...

 

HTMLAn Order Denying Claim Made against Uninsured Employers Guaranty Fund Based on Untimely Notice Was Properly Reversed When Evidence Showed That Claimant Did Not Know of Employer’s Uninsured Status until Being Notified of That Possibility by the Bureau
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 1, 2014, previously published on July 1, 2014
The claimant worked for the employer as a mechanic and sustained a compression fracture injury in the course and scope of his employment. The claimant filed a claim petition, and the employer did not respond. The claimant attempted to have medical bills paid through the employer’s automobile...

 

HTMLIs Paying Temporary Total Disability Benefits Still an Admission of Liability In New Jersey Workers’ Compensation?
Kristy Olivo Salvitti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 6, 2014, previously published on June 1, 2014
Respondent attorneys have long advised their clients not to fear the admission of liability when paying medical benefits based on N.J.S.A. 34:15-15. This section clearly states that “[t]he mere furnishing of medical treatment or the payment thereof by the employer shall not be construed to be...

 

HTMLTooey—The Impact on the Employer Exclusivity Protection Long Afforded by the Act
Jennifer Timmeney Callahan; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
Prior to the implementation of workers’ compensation laws in the United States, civil lawsuits were the only avenue for an employee to seek compensation for job-related accidents. However, the system heavily favored the employer. An employee had to prove employer negligence. The employer, in...

 

HTMLBlame It on the Bank? Defending Mortgage Lenders in Premises Liability Cases
Joanna D. Buchanico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
While the country’s mortgage crisis is waning, banks and lenders now are facing a growing litigation trend—defending themselves in premises liability cases when the subject property is in foreclosure. When dealing with landowner defendants with limited assets, plaintiffs are now turning...

 

HTMLOpening the Floodgates for Runaway Jury Verdicts? Florida Supreme Court Declares Caps on Noneconomic Damages Unconstitutional in Medical Malpractice Wrongful Death Litigation
Chanel A. Mosley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
On March 13, 2014, the Florida Supreme Court declared unconstitutional the caps on damages applicable to wrongful death claims in a medical malpractice cause of action. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Mar. 13, 2014). In a 5-2 ruling, Justice R. Fred Lewis wrote the opinion...

 

HTMLFINRA Takes Steps to Alter CRD Expungement Rules: Are More Stringent Rules Aimed Toward Disclosure on the Horizon?
Allison Livezey, Joel Wertman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 4, 2014, previously published on June 1, 2014
During the week of February 13, 2014, the Financial Industry Regulatory Authority (FINRA) Board of Governors met to discuss a number of issues, including potential rulemaking initiatives. One issue FINRA addressed was the process by which a registered representative may have his/her public record...

 

HTMLPlaintiff’s Victory in Title VII Retaliation Cases Made More Difficult: The Expansion of “But-For” Causation in the Eastern District of Pennsylvania
Thomas J. Szymanski; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 30, 2014, previously published on June 1, 2014
A plaintiff attempting to sustain a claim for retaliation under Title VII of the Civil Rights Act of 1964 (Title VII), must demonstrate that he or she: (1) engaged in protected activity, (2) the employer took adverse employment action against the plaintiff, and (3) there was a causal connection...

 


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