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

 







Document(s) published by this organization: 87


View Page: Prev  1  2  3  4  5  6  7  8  9  Next  
Show: results per page
Sort by:

HTMLThe Implications of New Jersey’s Limitation of the Fee Shifting Standards
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
In Innes v. Marzano-Lesnevich, 2016 N.J. LEXIS 331, the New Jersey Supreme Court held that defendant attorneys can be held liable for counsel fees. If, in acting as trustees and escrow agents, attorneys intentionally breach their fiduciary obligations, counsel fees may be awarded.

 

HTMLLand Use Litigation - Trends, Exposures and Moral Hazards
Audrey L. Copeland, Howard Mankoff; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
The Religious Land Use and Institutionalized Persons Act (RLUIPA), 42 USCS § 2000cc, is a complex federal statute that in theory was written to prevent municipalities from discriminating against religious institutions in land use decisions, among other things. In practice, this shield is often...

 

HTMLA Creative Use of Wuerth for the Medical Malpractice Defense Lawyer
Stephen M. Wagner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
In 2009, the Ohio Supreme Court issued a decision in Nat’l Union Fire Ins. Co. of Pittsburgh v. Wuerth, 913 N.E.2d 939 (Ohio 2009), which many practitioners at the time considered to be a radical departure from well-settled respondeat superior principles in Ohio. In Wuerth, the Sixth Circuit...

 

HTMLGeneric Notices of Filing Will Not Suffice in Opposing Motions for Summary Judgment
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 1, 2016, previously published on July 19, 2016
The plaintiff, a medical facility, filed suit against State Farm for failing to make payments for personal injury protection benefits for services rendered to State Farm’s insured. State Farm denied the medical payments on the basis that the treatments were unnecessary. During discovery,...

 

Adobe PDFHabits Can Be a Hindrance
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 24, 2016, previously published on August 2016
One of the many wonderful features of mediation is the ability to improvise and the freedom of constraints. There are few rules but many habits. Conducting a joint session and breaking off into a private caucus is a common habit. But sometimes the parties need to hear one another, or the lawyers or...

 

HTMLDelaware Superior Court Will Overturn the Board’s Award of Attorney’s Fees Only for an Abuse of Discretion
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
After a serious work injury, the claimant received compensation benefits that included several permanencies. He later filed a petition seeking to add the back as an additional body part, which was withdrawn without prejudice since the medical bills at issue were already paid by the carrier. The...

 

HTMLPolice Officer Didn’t Commit Willful Misconduct and He is Entitled to Indemnification by the City under PA Political Subdivision Tort Claims Act, But It Does Not Absolve Him from Liability for Assault, Battery, False Imprisonment/Arrest Claims.
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
A Philadelphia police officer was sued in state court for assault, battery and false imprisonment arising out of his actions in striking and arresting the plaintiff during an encounter involving the plaintiff’s son. The plaintiff learned his son was being detained by police officers. When he...

 

HTMLInsurer with the Right to Settle or Litigate Claims against their Insureds is Held Responsible for Plaintiff’s Attorney’s Fees and Costs Pursuant to Rejected Proposal for Settlement.
Jonathan E. Kanov; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
Geico challenged the final judgment in an automobile insurance case holding it liable to pay the injured plaintiff’s attorney’s fees and costs. On behalf of its insured, Geico had rejected the plaintiff’s proposal for settlement pursuant to §§ 768.79, Fla. Stat. and Fla....

 

HTMLA Viable Fetus Can Recover for Conscious Pain and Suffering under Pennsylvania’s Survival Act
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perception of pain. Defense counsel filed a motion in limine...

 

HTMLClaimant is Not Entitled to Payment of Wage Loss and Medical Benefits from the Uninsured Employers Guaranty Fund until Notice to the Fund Is Given by the Claimant
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
After learning the employer did not have workers’ compensation insurance, the claimant filed a notice of claim against the Uninsured Employers Guaranty Fund (Fund), and he later filed a claim petition against the Fund.

 


View Page: Prev  1  2  3  4  5  6  7  8  9  Next