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

 







Document(s) published by this organization: 73


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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.

 

HTMLShould the Underinsured Motorist Carrier Be Identified at the Time of Trial?
Robert E. Smith; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
About ten years ago, in what has commonly been referred to as the Koken decision, the Pennsylvania Supreme Court held that the Pennsylvania Insurance Department “does not possess the authority to require mandatory binding arbitration for UM and UIM disputes....” Insurance Fed. of...

 

HTMLDeath of the Negligent Mode of Operation Theory: An Update on Florida’s Transitory, Foreign Substances Statute
Amanda L. Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
Within the past 15 years, Florida’s slip-and-fall law has experienced its own ups and downs. In 2010, noting that slip-and-fall accidents were the most common type of liability claims facing insurers of bars, restaurants and taverns, the Florida Legislature revised the statutory burden of...

 

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...

 

HTMLIt’s All About the Timing... A Guide to Producing Surveillance Evidence of the Plaintiff in Personal Injury Cases
Laurianne Falcone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 11, 2016, previously published on September 1, 2016
Aside from the thorny question of whether to even conduct surveillance on the plaintiff in a personal injury case, there is the question of when to produce the surveillance you obtained to opposing counsel. Pennsylvania’s case law indicates that this production should occur early enough...

 

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...

 

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...

 

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...

 


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