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

 







Document(s) published by this organization: 80


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HTMLWanted: Your Company's Workforce Pay Data - EEOC Proposes Adding Compensation Data to Annual EEO-1 Report
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
On January 29, 2016, the United States Equal Employment Opportunity Commission (EEOC) released a proposed revision to the Employer Information Report (EEO-1) that would add employee pay data as an additional reporting requirement beginning in September 2017. The proposal is highly controversial, as...

 

HTMLDefining Employee Opposition Under the Florida Whistleblower Act
David R. Bear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
The Florida Whistleblower Act (FWA) contains what is commonly known as an opposition clause. This section of the Act provides protection for an employee who objects or refuses to participate in an employer activity, policy or practice that is in violation of a law, rule or regulation. Over the last...

 

HTMLEEOC’s Proposed Guidance Expands the Scope of Retaliation
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues, the first guidance on retaliation issued by the EEOC since 1998. The EEOC determined that the updated guidance was needed because 43 percent of charges filed with the EEOC assert claims of...

 

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...

 

HTMLSolving One of the Greatest Mysteries of Florida Property Law—Florida’s Valued Policy Law
Michael A. Packer; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
Florida Statute 627.702 is one of the least known and least understood property damage laws in Florida. Yet, it is the statute that can impose the greatest liability on an insurer, especially in times of catastrophic events or when a fire destroys or damages an insured structure. Claims...

 

HTMLThe Pursuit of the Trivial - Is This How the New York Court of Appeals Has Been Spending Its Time? Well, Yes (But With a Purpose)
Robert A. Faller; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
An issue of consistent significance in trip and fall cases involving walking surfaces is whether the mechanism of the fall—a hole, a protrusion, an uneven surface—constitutes a defect so trivial as to render the claim not actionable. The Court of Appeals, New York’s highest court,...

 

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...

 

HTMLOverview of Insurance Agent Professional Liability in Ohio
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In recent years, several factors have combined to cause a significant increase in the amount of litigation instituted against insurance agents. Greater competition from a range of sources has caused traditional agents to look for ways to add value, transforming their responsibilities from that of...

 

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...

 

HTMLPennsylvania Supreme Court Upholds Wrongful Birth Statute
John C. Farrell, Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In 1988, the Pennsylvania General Assembly passed Act 47 into law, which contained multiple pieces of legislation, many of which did not relate to each other. For instance, Act 47 repealed the Post-Conviction Hearing Act and enacted the Post-Conviction Relief Act in its place. It also conferred the...

 


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