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

 







Document(s) published by this organization: 87


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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...

 

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...

 

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...

 

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.

 

HTMLBoard Allows the Employer to Reimburse the Fund More than it was Seeking after a Decision Granting the Termination Petition. In Return, The Employer is Given a Credit against the Claimant's Remaining Entitlement to Partial Disability Benefits.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 27, 2016, previously published on January 15, 2016
The claimant had a compensable work injury and was receiving $330.78 per week compensation for total disability. On February 12, 2015, the employer filed a termination petition alleging the claimant was no longer totally disabled. As of that date, the Fund picked up the total disability payments...

 

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...

 

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...

 

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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