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

 







Document(s) published by this organization: 130


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HTMLAre New Jersey Courts Modifying the Affidavit of Merit Requirements in Professional Malpractice Cases? 
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 23, 2015, previously published on June 1, 2015
Based on its recent decision in Hill International v. Atlantic City Board of Education, 106 A.3d 487 (App.Div. 2014), the New Jersey Appellate Division had to decide whether the affidavit of merit (AOM) statute should be interpreted to require a supporting AOM from a “like-licensed”...

 

HTMLLimits on Investigative Receiverships: Akagi v. Synergy Group (2000) Inc., 2015 Onca 368
Barry H. Bresner, Ewa Krajewska; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
In Akagi v Synergy Group (2000) Inc.1, the Ontario Court of Appeal clarified the limits of the duties of receivers appointed by the court to enforce judgment debts, the scope of “investigative receiverships” and the jurisdiction of the Superior Court to encumber the assets of...

 

HTMLThe Prejudicial Effect of the Passage of Time
A. Abidemi Oladipo; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
When considering an insurance claim, establishing timing of the claim is a critical element in its proper investigation. Any delay in reporting a claim may negatively impact an insurer’s ability to: determine the scope and extent of damage; establish and evaluate the cause of damage; gather...

 

HTMLGet the Gist? No Certificate of Merit Necessary
Christina J. Westall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
In December 2014, the Pennsylvania Supreme Court decided Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014), significantly changing the rules requiring a certificate of merit in professional liability cases. The scope of a professional liability claim is governed by Pa. R.C.P. 1042.1, which permits a...

 

HTMLAttorney’s Fees for a Frivolous Appeal: An Old Cloak Gets a New Owner
Robert P. Schenk; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Are you tired of claimant’s attorneys filing frivolous appeals? It seems the Commonwealth Court may well be, too, recently holding in the case of Steven Smith v. WCAB (Consolidated Freightways, Inc.), 2015 Pa. Commw. LEXIS 91 (Pa.Commw.Ct. Mar. 9, 2015), that employers can recover...

 

HTMLSupreme Court’s Impact on Informed Consent Defenses
Katharine C. Koob; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
In recent years there has been an increase in lack of informed consent claims within medical malpractice actions. In Pennsylvania, informed consent claims sound in “offensive touching” without permission and constitute a battery. Allegations of negligence sound in a breach of the...

 

HTMLWhen the Smoke Clears, Can Marijuana Be Considered Reasonable and Necessary Medical Treatment? Lessons from New Mexico
Jammie N. Jackson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Marijuana has been making headlines across the country, and New Jersey is no exception. On March 21, 2015, approximately 200 protestors gathered outside the New Jersey Statehouse for the ¿Spring Smoke Out¿ rally advocating the legalization of marijuana in the state of New Jersey. New Jersey is...

 

HTMLProposed Changes to Guidelines for Medical Provider Claims in New Jersey
Rachel Ramsay-Lowe; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Insurance carriers and medical providers have a longstanding history of disputes concerning the appropriate payment for medical treatment rendered to workers’ compensation petitioners. N.J.S.A. 34:15-15 states in relevant part that “[a]ll fees and other charges for such...

 

HTMLFlorida’s Apparent Increase on Caps for Damages Recoverable in Cases Against Providers of Foster Care Services Is Misleading
Andrea L. Diederich; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Effective July 1, 2014, the statutory caps on damages recoverable in cases involving providers of foster care and related services were amended. See § 409.993, Fla. Stat. (2014). As before, the new statute provides caps on both economic damages and noneconomic damages in such cases. However,...

 

HTMLAllegheny Court Refuses to Recognize Negligence Claim for Data Breach
Mark L. Mattioli, Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 9, 2015
On May 28, 2015, the Honorable Stanton Wettick sustained preliminary objections in Dittman v. UPMC, dismissing all counts in a class action matter brought on behalf of 62,000 employees of the University of Pittsburgh Medical Center (UPMC). The plaintiffs alleged that UPMC failed to enact...

 


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