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

 







Document(s) published by this organization: 107


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HTMLNew York Practice: Responding to the Complaint
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
This article will address the issues that should be evaluated when preparing an answer. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York.

 

HTMLNarrowing the Scope of Medical Expert Qualifications and Testimony under the Pennsylvania Rules of Evidence
Angeline C. Panepresso; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
As a general principle, the standard for qualification as an expert witness in Pennsylvania is a liberal one. Specifically, the test for qualifying as an expert is whether the expert has any reasonable pretension to specialized knowledge on the subject at issue, and the weight to be given to such...

 

HTMLThe Borrowed Servant Doctrine in Florida: The Legal Implications of Loaning Out Employees
Pamela St. John Lynde, Michael J. Obringer; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
From time to time, one employer may loan an employee to another employer on a temporary basis. For instance, it is not unusual for one subcontractor on a construction site to loan out its workers to another in order to get a particular task accomplished at the job site. If that loaned employee is...

 

HTMLThe Appellate Division Weakens Workers’ Compensation Dismissal Orders
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
Based on its recent decision in Raul Planes v. Village Townhouse, 2014 N.J. Super. Unpub. LEXIS 2784 (N.J. Super. Ct. App. Div. Nov. 25, 2014), the New Jersey Appellate Division has seemingly weakened dismissal orders in workers’ compensation proceedings based on lack of prosecution. New...

 

HTMLThink Before You Resign
Gregory M. Rosatelli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
In Keller v. Workers’ Compensation Appeal Board (UPMC Presbyterian Shadyside), 2014 Pa. Commw. LEXIS 571 (Pa. Commw. Ct. Dec. 15, 2014), the claimant sustained a work-related injury in the form of a fracture of her right wrist on November 24, 2006, during the course and scope of her...

 

HTMLLimited Tort Proof: Get the Signed Waiver Election Form!!
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Pennsylvania’s Motor Vehicle Financial Responsibility Law (PAMVFRL) (75 Pa.C.S. § 1705) provides that a named insured may elect the “limited tort option,” subject to certain exceptions. An insured can choose to limit the right to sue for noneconomic damages (i.e., pain and...

 

HTMLEnforceability of Nursing Home Arbitration Agreements in Pennsylvania
Victoria Crawshaw Scanlon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Arbitration is a favored method of resolving claims. It is often less expensive and more efficient than traditional litigation. It provides finality and, if agreed to, confidentiality—preventing a nursing home’s name from being blasted across the front page of a local paper or in a...

 

HTMLI Quit! And I Want Comp!
J. Jeffrey Watson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Generally speaking, the Pennsylvania Workers’ Compensation Act does not provide benefits for injured workers who are outside of the course and scope of employment at the time of injury. Considering this general principle, the Pennsylvania Commonwealth Court recently decided that an injured...

 

HTMLWalters v. YMCA, Putting Some Limitations on Stelluti v. Casapenn
Walter F. Kawalec; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
In 2010, the New Jersey Supreme Court issued its opinion in Stelluti v. Casapenn Enterprises, Inc., 1 A.3d 678 (N.J. 2010), in which the court examined the applicability of an exculpatory (i.e. hold harmless) provision in the context of a private health club membership. A club patron was injured...

 

HTMLMeeting the Proof Requirements Under the Anti-Fraud Provision of the Workers’ Compensation Act...An Uphill Battle or Climbing Mt. Everest?
Jammie N. Jackson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
The New Jersey Office of the Insurance Fraud Prosecutor launched a new public awareness campaign featuring radio, cable, transit and internet ads declaring “Insurance Fraud=Prison.” Yet, fraud remains a part of every insurance line, including the workers’ compensation system....

 


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