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

 







Document(s) published by this organization: 74


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Adobe PDFMediation is Not Like Vegas
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on June 2016
While many believe the Las Vegas rule - what happens here, stays here - is a good rule, some lawyers and parties in mediation may think the same rule applies to what happens at mediation. Not exactly.

 

HTMLOhio Appellate Court Upholds the Use of the Affordable Care Act to Substantially Reduce a Jury’s Award of Future Damages
John J. Hare, Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 11, 2016
Lawyers handling catastrophic injury cases have closely followed the emerging body of case law regarding the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future....

 

HTMLDomestic or Workplace Violence and How To Tell the Difference: Appellate Division’s Latest Analysis of New Jersey Workers’ Compensation Liability
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
In its most recent decision in Jennie Rosario v. State of New Jersey, 2016 N.J.Super. Unpub. LEXIS 165 (App. Div. Jan. 28, 2016), the Appellate Division has upheld personal animosity as a defense to compensability in a workers’ compensation case. The underlying facts of the case were not in...

 

HTMLNLRB Rules: Chipotle Mexican Grill Under Fire for Controversial Social Media Policy and Interfering With Employees’ Right To Organize
Candace D. Embry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
Chipotle is back in the news, but not to worry-your guacamole is safe. (And yes, it is still extra!)

 

HTMLFlorida Broadens Its Anti-Slapp Statute, But Is It on the Verge of Death?
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
In 2000, the Florida legislature enacted Section 768.295, Fla. Stat. titled Strategic Lawsuits Against Public Participation (SLAPP). This section prohibited governmental entities from filing suit against individuals who exercise their right to peacefully assemble, instruct their representatives and...

 

HTMLSixth Circuit Kicks Open the Door to Much Broader Range of Workplace Retaliation Claims Under Title VII
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
In recent years, workplace retaliation has remained the most frequent allegation among discrimination complaints, topping claims of race, disability, sex and age discrimination. In Equal Employment Opportunity Commission v. New Breed Logistics, 783 F.3d 1057 (6th Cir. 2015), the Sixth Circuit Court...

 

HTMLStating a Claim for Negligent Misrepresentation for a Design Professional’s Supply of Information
Gregory J. Kelley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
Until 2005, in Pennsylvania the Economic Loss Doctrine precluded contractors from suing design professionals in negligence for additional costs incurred on a construction project due to errors or omissions in the design plans. The contractor’s recourse was to sue the party who had contracted...

 

HTMLUtilizing Federal Rule of Evidence 502(d) as Insurance for Inadvertent Disclosure and a Cost-Saving Device
Kyle M. Heisner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
Congress enacted Federal Rule of Evidence 502 in 2008 to address the growing risk of inadvertent production of privileged documents as e-discovery became more prevalent. Rule 502(b) provides automatic protection in all federal cases for privileged material (including, but not limited to,...

 

HTML“Seeing the Invisible” - Recent Challenges for Restaurant, Bar and Tavern Owners In Defending Claims Under the New Jersey Dram Shop Act
Teagan S. Allen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 21, 2016, previously published on June 1, 2016
Thirty states across the country have enacted “dram shop” laws that set forth the parameters by which a licensed alcoholic beverage server-such as a restaurant, bar or tavern owner-can be held liable to individuals who suffer injury or death, or cause injury or death of others, as a...

 

HTMLAiring the Hospital’s Dirty Laundry: Developments In Keeping the Evaluation of Adverse Incidents Confidential
David R. Bear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 20, 2016, previously published on June 1, 2016
In 2004, the availability of hospital records regarding adverse incidents in Florida changed dramatically. Prior to that date, statutes that protected the confidentiality of the peer review process § 395.0193 and § 766.101, credentialing § 395.0191, risk management reports of adverse...

 


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