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

 







Document(s) published by this organization: 111


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HTMLAccess to Public Documents under the Common Law is Broader than the OPRA.
Matthew J. Behr; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 25, 2017, previously published on January 3, 2017
The plaintiff requested documents from the prosecutor’s office under the Open Public Records Act and the common-law right to access to public records. The prosecutor’s office denied the request, asserting they were exempt from production under the OPRA. After the trial judge held an in...

 

HTMLFINRA Panel Dismisses the Claimant’s Claims as Untimely and Ineligible under Rule 13206.
Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
January 25, 2017, previously published on January 3, 2017
In January 2016, the claimant filed a statement of claim, alleging damages resulting from the respondent’s loss of an electronic trade ticket that allegedly resulted in the claimant’s clients’ shares sitting in a block trading account for two months while depreciating in value....

 

HTMLCourt Declines to Broaden the Scope of Bystander Liability in Strict Product Liability Action.
Kiernan G. Cavanagh; Marshall Dennehey Warner Coleman & Goggin, P.C.;
White Paper
January 25, 2017, previously published on January 3, 2017
The plaintiff in this strict liability action was a truck driver who was injured by a product while preparing it for delivery to the ultimate buyer. He brought suit against the product’s manufacturer, alleging it did not meet consumer expectations, failed the risk utility test and did not...

 

HTMLPsychologist/Psychiatrist-Patient Privilege Extends to Communications with Entire Facility, and Attorney-Client Privilege Covers Notes a Client Takes at Direction of Attorney.
Shane Haselbarth; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In a discovery response, the defendant asserted that she sought counseling related to the incident giving rise to the case. The plaintiff followed up with a request that she give the name and relevant information for her treatment. Because all therapy was conducted in a facility operated by a...

 

HTMLRational Differences in Claim Valuations Do Not Lead to an Inference of Bad Faith on the Part of an Insurer without More.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
In a bad faith action against an insurer for denial of UM benefits, the trial court granted the insurer’s motion for summary judgment. The insured argued that the insurer’s valuations of her claim were continually revised up and, ultimately, the jury had reached a verdict that was...

 

HTMLBack Pay Award is Based upon Gross Income, Not Amount Actually Netted as Take Home Pay.
Lawrence B. Berg; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
Following a seven-day trial, the jury returned a verdict for the plaintiff on her disability discrimination and retaliation claims under the NJLAD. The initial jury instruction provided that any award of lost earnings was to be based upon the plaintiff’s take home pay and not her gross...

 

HTMLEmployer’s Termination Petition Granted, The Agreement as to Compensation is Null and Void since Evidence Showed the Claimant Committed Fraud in Claiming the Work Injury.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The claimant alleged a work-related injury and was paid wage loss benefits, and the employer paid medical benefits. The employer later filed a termination petition, alleging the claimant committed fraud and that his claim and any agreements issued for the work injury should be deemed void. The...

 

HTMLA Joinder Petition is Deemed Untimely if Not Filed within 20 Days of the “Triggering Event” in Litigation.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The Appeal Board reversed the Workers’ Compensation Judge’s decision, concluding that Employer A’s joinder petition was not filed timely. According to the Board, the joinder petition should have been filed after the claimant gave his testimony on May 6, 2013, at which time he said...

 

HTMLA Jury Should Decide Whether Injured Plaintiffs Who Spoke No English Were “Railroaded” By An Adjuster Into Signing A Release.
Christopher W. Woodward; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The Superior Court of Pennsylvania reversed a trial court’s order granting summary judgment in favor of a tortfeasor when it determined that a jury should decide if a release signed by the injured plaintiffs should be voided. The plaintiffs alleged that prior to the litigation, despite...

 

HTMLCannot Avoid Requirements of Affidavit of Merit Statute by Naming Public Entities/Organization Not Defined as Licensed Professional under Statute But that May Be Liable for Professional Malpractice Pursuant to Principles of Respondeat Superior.
Timothy R. Ryan; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 24, 2017, previously published on January 3, 2017
The plaintiff, a state prisoner, claimed he was misdiagnosed by the medical staff of Rutgers University Correctional Healthcare, formerly part of the University of Medicine and Dentistry of New Jersey, which contracted with the state of New Jersey to provide medical services to inmates. The...

 


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