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

 







Document(s) published by this organization: 89


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HTMLEvidence of a User’s Negligence and Industry Standards Admissible in Post-Tincher Design Defect Claims
Kristin E. Shicora; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
For over 30 years, strict product liability claims in Pennsylvania adhered to an artificial prohibition on the introduction of negligence principles, as set forth by the Pennsylvania Supreme Court in Azzarello v. Black Bros. Co., 391 A.2d 1020 (Pa. 1978) and its progeny. Evidence of a user’s...

 

HTMLBootstrapping Expert Testimony - Restrictions on Using Records from a Treating Physician to Challenge Plaintiff’s Expert at Trial
Michael S. Levenson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The opinions of a treating physician can be persuasive evidence on causation and damages, often carrying great weight with a jury. However, even treating doctors are considered “experts,” and limits are placed on using their “reports” at trial in the absence of live...

 

HTMLMy Attorney Told Me To...Opening the Door and Waiver of the Attorney-Client Privilege
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The United States District Court for the Middle District of Pennsylvania has once again considered the issue of waiver of the attorney-client privilege. In Piazza v. County of Luzerne, 2015 U.S. Dist. LEXIS 147283 (M.D. Pa. Oct. 30, 2015), the plaintiff claimed he was unlawfully terminated from his...

 

HTMLMore Than 100% Disabled? The New Jersey Appellate Division’s Latest Analysis of Permanent/Total Disability Benefit Awards
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 4, 2016, previously published on March 1, 2016
In the recent decision Domenick Catrambone v. Bally’s Park Place, et al., 2015 N.J.Super. Unpub. LEXIS 2601 (App.Div. Nov. 12, 2015), the New Jersey Appellate Division addressed the issue of whether there can be an increase in permanency benefits for a workers’ compensation petitioner...

 

HTMLNew Jersey Appellate Court Approves Insurance Policy Assignments to Fund Pollution Claims
Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 3, 2016, previously published on March 1, 2016
In Givaudan Fragrances Corp. v. Aetna Casualty & Surety Co., et al, 120 A.3d 959 (App. Div. 2015), the New Jersey Appellate Division held that an assignment of rights under numerous insurance policies issued between 1964 and 1986 was enforceable and valid. The court reasoned that the insurer...

 

Adobe PDFGroundhog Day Revisited
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 10, 2016, previously published on February 2016
In honor of Groundhog Day (both the holiday and the 1993 film starting Bill Murray) I thought I would devote this edition to the problem of TIME - that is, timing-related issues that repeatedly surface in mediation.

 

HTMLThe “Jerk and Jolt Doctrine” Applies to Claims of Negligent Operation of Buses and the Failure to Present Sufficient Evidence Required Verdict against SEPTA to be Vacated.
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
The plaintiff sued SEPTA regarding an injury he claims he sustained on one of the defendant’s buses. Trial resulted in a verdict against SEPTA in the statutory limits of the Sovereign Immunity Act, 42 Pa.C.S.A. §8521, et. seq. SEPTA appealed, arguing that it was error to characterize it...

 

HTMLUse of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent Impairment under the Pennsylvania Workers’ Compensation Act is Unconstitutional. IREs Performed under Section 306(a.2) of the Act Must Use the 4th Edition of the AMA Guides.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
The employer’s physician performing the IRE used the 6th Edition of the AMA Guides to the Evaluation of Permanent Impairment (Guides), the most recent version at the time. The employer filed a modification petition seeking to convert the claimant to partial disability status, which was...

 

HTMLSixth Circuit Vacates District Court’s Finding of Replacement Value for Lost Goods under Master Transportation Service Agreement for its Failure to Meet Carmack Amendment Requirement of Shipper’s Consent to Limitation of Liability.
Lori J. Quinn; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
In November 2015, the United States Court of Appeals for the Sixth Circuit remanded a case for further determination by the District Court for the Southern District of Ohio on the issue of carrier liability. The case is somewhat complex in that it involves a broker, a shipper and a carrier. There...

 

HTMLSEC Announces 2016 Examination Priorities
Joel Wertman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 14, 2016
On January 11, 2016, the SEC announced its Office of Compliance Inspections and Examinations' (OCIE) 2016 priorities. The examination priorities address issues pertaining to financial institutions, investment advisers, investment companies, broker dealers, transfer agents, clearing agencies and...

 


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