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

 







Document(s) published by this organization: 117


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HTMLThe Effects of the Statute of Repose on the Allocation of Fault amongst Joint Tortfeasors.
Christopher J. Gonnella; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
This matter arose out of claims involving the alleged structural failures of the plaintiff’s public safety facility. Construction began in the fall of 1994 and on November 24, 1995, a Certificate of Substantial Completion was issued. On April 9, 1996, the first Temporary Certificate of...

 

HTMLWhen Claimant with Residual Disability Who Seeks to Return to Light-Duty Job, Suffers Non-Work-Related Total Disability and Not Able to Work at All, Employer is Not Obligated to Reinstate Benefits and Need Not Show Continuing Availability of Suitable Work
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
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...

 

HTMLThe United States Supreme Court Holds that a Mixed-Motive Jury Instruction in a Title VII Retaliation Case is Improper.
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The United States Supreme Court held that a plaintiff bringing a retaliation claim under Title VII must demonstrate “that the desire to retaliate was the but-for cause of the challenged employment action” and further noted that a “mixed-motive” jury instruction in a Title...

 

HTMLClaimant’s Medical Expert’s Testimony Regarding the Cause of the Decedent’s Death Was Not Equivocal Simply Because the Expert Offered Alternate Theories Regarding the Exact Cause of Death.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The claimant filed a fatal claim petition, alleging that the death of his decedent was caused by injuries he sustained from a fall from a crane platform at work. The decedent and a co-worker were working, without harnesses, on an elevated crane platform with no handrails approximately six feet from...

 

HTMLBoard Grants the Employer’s Termination Petition Based on the Employer’s Medical Expert’s Opinion that the Claimant Has Sufficiently Recovered from the Work Injury to the Point Where She can Perform Full-Time Sedentary Work.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The claimant sustained a compensable work injury to her neck and right shoulder on December 7, 2010, while working as a certified nursing assistant. By agreement, she was put on total disability and was compensated for a 20% permanency to the cervical spine. Thereafter, the employer filed a...

 

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.,...

 

HTMLThe Difference between “I’m Sorry” and “I Was Wrong.”
Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
In June 2013, the Pennsylvania Senate passed the Senate Bill No. 379, the Benevolent Gesture Medical Professional Liability Act, also known as the Apology Act. The bill, which passed the Pennsylvania House of Representatives, returns to the House in the fall 2013 to pass the Senate’s version,...

 

HTMLAccidents Occurring on the Respondent’s Premises During the Petitioner’s Personal Time are Not Compensable.
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The petitioner was employed as a part-time personal trainer for the respondent, a health club and athletic facility. The petitioner trained clients from 6:00 to 7:00 a.m., 8:00 to 11:00 a.m. and 12:00 to 3:00 p.m. On September 22, 2010, at 11:15 a.m., the petitioner tripped, fell and broke her...

 

HTMLNew Jersey Supreme Court Rules Patients First Act Requires High Threshold for Expert Witness Qualifications in Malpractice Cases.
Michael G. Daly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 21, 2013, previously published on October 18, 2013
The New Jersey Supreme Court reversed the lower court’s decision to allow expert testimony from a witness who did not “specialize” in the same field of medicine as the defendant-physicians. Nicholas involved a malpractice claim against two physicians, among others, for the alleged...

 

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...

 


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