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

 







Document(s) published by this organization: 87


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HTMLSuperior Court and Division of WC have concurrent jurisdiction to resolve a dispute of a worker's employment status when plaintiff files a complaint only in the Superior Court
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 22, 2015, previously published on October 2, 2015
The decedent was hired to live with the defendant to care for him and was paid in cash. While waiting on a sidewalk while the defendant parked his car, the defendant accidentally struck the decedent, killing her. The estate filed a wrongful death action against the defendant in Superior Court. The...

 

HTMLNJ Supreme Court Reaffirms Limitations of "Mode of Operation" Doctrine
Gregory D. Speier; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
October 15, 2015, previously published on October 1, 2015
In a significant ruling that will impact how premises liability cases are litigated throughout the state, the New Jersey Supreme Court, on September 28, 2015, unanimously reaffirmed the limitations of ‘Mode of Operation’ applicability.

 

Adobe PDFIREs - A Divided Court Changes The Landscape
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 28, 2015, previously published on September 23, 2015
A divided Commonwealth Court holds that use of the 5th and 6th Editions of the AMA Guides to the Evaluation of Permanent Impairment is unconstitutional and, therefore, IREs performed under §306 (a.2) must use the 4th Edition Guides

 

HTMLEmployers Choked by Commonwealth Court Pulmonary Case Decision
Ross A. Carrozza; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 17, 2015, previously published on September 1, 2015
On March 25, 2105, the Pennsylvania Commonwealth Court decided Little v. WCAB (Select Specialty Hospital), 113 A.3d 1 (Pa. Cmwlth. 2015). This case impacts breathing cases in the defense community.

 

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...

 

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...

 

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...

 

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...

 

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...

 

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...

 


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