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

 







Document(s) published by this organization: 122


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HTMLWhen a Vehicle Is an Automobile - The Maze of Statutory and Case Law in New Jersey for Determining Eligibility for PIP Benefits
Ariel C. Brownstein; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Coverage for Personal Injury Protection (PIP) benefits in New Jersey is available to those who “sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or...

 

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...

 

HTMLI’m Being Sued for What?!? Analyzing the Florida Supreme Court’s Opinions Applying the Foreseeable Zone of Risk Test To Determine if a Legal Duty Is Owed
Samuel C. Higginbottom; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All too often, the first time a client learns of a negligence claim is upon receipt of plaintiff’s counsel’s request for their insurance policy. The client does not always understand why or how they may be responsible to a claimant. This is particularly the case for small businesses...

 

HTMLThe Superior Court of Pennsylvania Just Made It a Whole Lot Easier to Blame the Surgical Sponge
Grant W. Cannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All surgeries involve some risk that something adverse to the patient’s interests may occur. One risk common to almost any surgical procedure is the risk of an object being left within the patient after the surgery is complete. In order to reduce the risk of this happening, hospitals have...

 

HTMLThe Effect of Tincher v. Omega Flex on Equipment Defendants in Asbestos Litigation in Pennsylvania
Joshua Scheets, Esq.; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 26, 2015, previously published on January 29, 2015
The landscape of product liability law in Pennsylvania changed dramatically with the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex, Inc., 2014 Pa. LEXIS 3031 (Pa. Nov. 19, 2014), overruling Azzarello v. Black Bros, Inc., 391 A.2d 1020 (Pa. 1978). Now, in Pennsylvania,...

 

HTMLLegal Updates for Toxic Torts Litigation  - En Banc PA Superior Court Vacates $14.5 Million Asbestos Verdict and Remands for New Trial
Timothy D. Rau, Esquire; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on January 29, 2015
An en banc Superior Court recently affirmed a 2013 split decision by a three-judge panel to vacate a $14.5 million asbestos verdict and ordered new trials on damages and liability for Defendants Crane Co., Hobart Brothers Company and The Lincoln Electric Company. In Nelson v. Airco Welders Supply,...

 

HTMLMaune Raichle Petitions PA Supreme Court for Recusal of All Six Justices from Pending Appeal
Timothy Rau, Esq.; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on January 29, 2015
In Rost v. Ford Motor Co., 56 EAP 2014, the plaintiff- Appellees have applied for recusal of all of the current justices on the PA Supreme Court, claiming that an appearance of impropriety exists between the Court and Appellant’s counsel.

 

HTMLLegal Updates for Coverage and Bad Faith
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on December 1, 2014
PA Supreme Court rejects multiple trigger for property damage cases. In this significant Pennsylvania Supreme Court decision, the Court considered whether, pursuant to the facts of this case and the policy language at issue, Penn National is liable for the judgment against its insured under a...

 

HTMLAn Employer May Take An Offset Against Workers’ Compensation Benefits Under Section 204(a) For Pension Benefits Funded By Its Wholly Owned Subsidiary.
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on January 6, 2015
Regis Stepp v. WCAB (FairPoint Communications, Inc.); 2270 C.D. 2013; filed September 10, 2014; Judge Leavitt While the claimant was working for Company “A,” it was acquired by Company “B” as a wholly owned subsidiary. All employees of Company “B”‘s...

 

HTMLEvidence from a claimant contesting an employer’s impairment rating evaluation (IRE) must be competent evidence of a similar character.
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 19, 2015, previously published on January 6, 2015
Following the claimant’s work injury, the employer filed a modification petition based on the results of an IRE. In opposition to the testimony given by the employer’s IRE physician, the claimant offered into evidence the deposition testimony of a psychologist who said that he was...

 


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