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

 







Document(s) published by this organization: 111


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HTMLInsurer Obtains Summary Judgment in Bad Faith Case where Alleged Delay was not Attributable to Insurer.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 16, 2017, previously published on February 14, 2017
This case arose from a pedestrian-motor vehicle accident that occurred in 2008 and dealt with Travelers’ handling of the plaintiff’s underinsured motorist (“UIM”) claim following that accident. The plaintiff was run over by a rollback truck that was being repossessed on...

 

HTMLDefendant’s Motion in Limine Denied in Hit-and-Run Pedestrian Dispute.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 16, 2017, previously published on February 14, 2017
This case arises from a hit-and-run pedestrian-motor vehicle accident. The court was considering two separate motions in limine. The first was the defendant’s motion to preclude evidence of the plaintiff’s insurance policy premiums and of the uninsured motorist benefits available under...

 

HTMLWithout Good Cause, Only One IME Allowed Under Pennsylvania Rule of Civil Procedure 4010.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 16, 2017, previously published on February 14, 2017
In this case, the court considered whether the defendant had shown good cause under Pennsylvania Rule of Civil Procedure 4010 in requiring the plaintiff to attend two separate independent medical examinations (“IME”). The court considered that Rule 4010 allows the court to order a party...

 

Adobe PDFProper Classification of Workers in the "Gig" Economy
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2017, previously published on January 2017
The hotly contested battle pitting gig economy companies against their workers and governmental bodies highlights the significant legal issues and consequences relating to the issue of worker classification.

 

Adobe PDFThe Supreme Court Invalidates Impairment Rating: IRE Physician Failed to Address Claimant’s Psychological Conditions that were Not Made Part of the Work Injury until after IRE was Performed
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2017, previously published on January 26, 2017
The Supreme Court of Pennsylvania has weighed in again on Pennsylvania’s Impairment Rating system. In this case, at the expiration of 104 weeks, the employer requested an impairment rating of the claimant, describing the claimant’s underlying compensable injury as “bilateral hands...

 

HTMLOhio Supreme Court Clarifies Retaliation Statute Regarding Workers' Compensation Claims
Keith Hansbrough; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 15, 2017, previously published on January 19, 2017
In the case of Onderko v. Sierra Lobo, Inc., 2016-Ohio-5027, the Ohio Supreme Court has clarified that an employee can bring a retaliation claim against an employer based upon a previous workers' compensation filing without evidence that there was, in fact, a workplace injury. Ohio Revised Code...

 

Adobe PDFGood News for HOAs: Courts Clarify Deadline for Governing Document Lawsuits
Jeannie A. Hanrahan, Devon A. Woolard; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 15, 2017, previously published on January 13, 2017
Homeowner association board members and their attorneys can breathe easier now that two Florida appeals courts have clarified the deadline for challenging an association’s governing documents. Through an affirmative defense based upon time limitations, associations should see quick, concise,...

 

HTMLNJ Supreme Court Affirms that Consequential Damages Caused by Subcontractor’s Faulty Workmanship is Property Damage and an Occurrence.
Daniel J. Algieri; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 3, 2017, previously published on January 3, 2017
In August 2016, the New Jersey Supreme Court affirmed a 2015 Appellate Division decision that established that, pursuant to a plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s (ISO) 1986 standard CGL form, consequential damages caused by a...

 

Adobe PDFCommonwealth Court Orders Claimant's Counsel to Refund Unreasonable Contest Attorneys' Fees to Employer
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 30, 2017, previously published on January 11, 2017
In this case, the employer was successful with a 2007 suspension petition concerning the claimant’s 1993 work-related shoulder injury. A Workers’ Compensation Judge granted the petition, but the Workers’ Compensation Appeal Board later reversed that decision and awarded...

 

Adobe PDFThe Impact of Ohio’s Economic Loss Rule on Commercial and Professional Liability Litigation
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 30, 2017, previously published on January/February 2017
The economic loss rule prevents the assertion of a tort claim for pure economic loss in the absence of any physical injury or property damage to the claimant. The rule operates to avoid a party’s liability for tort damages arising from negligence-based claims for purely financial losses,...

 


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