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

 







Document(s) published by this organization: 122


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HTMLChapter 558 Notice and the Duty to Defend
Lindsay G. McCormick; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
For those of us who immerse ourselves in the world of construction law, we know that liability and coverage is far too intertwined for anyone to completely practice in only one realm. Many times, the issues of liability and coverage overlap and require expertise and knowledge of both areas to...

 

HTMLAre Your Rights Reserved?
Margaret M. Jenks; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
On April 15, 2015, in the case of Erie Ins Exch. v. Lobenthal, 114 A.3d 832 (Pa. Super. 2015), the Pennsylvania Superior Court addressed the validity of a reservation of rights letter issued by the insurer. The Superior Court found that two separate reservation of rights letters were both...

 

HTMLNow You See It! Now You Don’t! Self-Deleting Apps & Spoliation
Brad E. Haas; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
As a litigator in this world of constantly emerging technology, it can be impossible to predict what the future may hold. Imagine handling a case in which an opposing party has admitted to sending hundreds of relevant pictures, emails and text messages, all of which have since been deleted, not...

 

HTMLOhio Precludes Insurance Coverage for Employer Intentional Torts
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In the recent case of Hoyle v. DTJ Enterprises (In re Hoyle), 2015 U.S. Dist. LEXIS 595 (Ohio 2015), the Ohio Supreme Court effectively eliminated insurance coverage for employer intentional torts. It held that insurance policies that preclude coverage for acts committed with a deliberate intent to...

 

HTMLThe Shrinking Scope of the Peer Review Protection Act
Brett C. Shear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
The Peer Review Protection Act is an important Pennsylvania statute that aims to provide an incentive for health care providers, practice groups and hospitals to police themselves by seeking peer review when something goes wrong. The statute provides that the proceedings and records of a review...

 

HTMLYou Have The Right to An Attorney But Not Additional Time: Examining the Role of An Unrepresented Claimant in the Workers’ Compensation Proceeding
Ashley S. Talley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
The Commonwealth Court of Pennsylvania recently held that a claimant is not afforded additional time based upon her unrepresented status alone. In Deborah Roundtree v. WCAB (City of Philadelphia), 2015 Pa. Commw. LEXIS 203 (Pa.Commw. May 8, 2015), the claimant was employed as a forensic technician...

 

HTMLAppellate Division Approves, but Limits, Sanctions in New Jersey Workers’ Compensation Proceedings
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In its latest decision on the subject, the New Jersey Appellate Division has approved the imposition of sanctions against an employer under the rules governing workers’ compensation proceedings. In Deborah S. Pschunder-Haaf v. Synergy Home Care of South Jersey, 2015 N.J.Super. Unpub. LEXIS...

 

HTMLNew Jersey’s Appellate Division Alters the Landscape of Nursing Home Litigation
Ryan Thomas Gannon, Frank P. Leanza; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
In New Jersey, the number of nursing home malpractice lawsuits filed has been on the rise. The “blue print” followed by many plaintiffs’ attorneys is to engage in extensive written discovery, make document production requests and pursue numerous depositions on the issue of whether...

 

HTMLSettling Party Beware: A Claim for Legal Malpractice Cannot Survive When a Plaintiff Knowingly Settles the Underlying Case
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
It is well-established that Pennsylvania’s courts “will not permit a suit to be filed by a dissatisfied plaintiff against his attorney following a settlement to which that plaintiff agreed, unless that plaintiff can show he was fraudulently induced to settle the original action. An...

 

HTMLBack to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...

 


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