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

 







Document(s) published by this organization: 111


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HTMLOpen, Obvious and Not So Obvious
Samuel G. Casolari; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 10, 2015, previously published on March 1, 2015
In McHugh v. Zaatar, 2015 Ohio App. Lexis 128 (Ohio Ct. App. Jan. 20, 2015), the Ninth District Court of Appeals reversed summary judgment in favor of a landlord in a dispute with a tenant. The tenant sued the landlord for, among other things, personal injury as a result of a fall down basement...

 

HTMLDealing with Unidentified/Identified Agents Not Named as Defendants in a Complaint
Joseph L. Hoynoski; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 10, 2015, previously published on March 1, 2015
A trend we are seeing in medical malpractice cases is that plaintiffs are naming hospitals as the sole defendant in their complaints. The plaintiff will then allege that the hospital is vicariously liable for anyone and everyone who provided medical care during his or her admission or admissions....

 

HTMLIntentional Act Exclusions & the Doctrine of Inferred Intent in Ohio
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 10, 2015, previously published on March 1, 2015
In Allstate Insurance Company v. Campbell, 942 N.E.2d 1090 (Ohio 2010), the Ohio Supreme Court clarified Ohio law regarding coverage for intentional acts. In that case, the court held that the inferred intent doctrine invokes an insurance policy’s intentional act exclusion when the...

 

HTMLThe Borrowed Servant Doctrine in Florida: The Legal Implications of Loaning Out Employees
Pamela St. John Lynde, Michael J. Obringer; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
From time to time, one employer may loan an employee to another employer on a temporary basis. For instance, it is not unusual for one subcontractor on a construction site to loan out its workers to another in order to get a particular task accomplished at the job site. If that loaned employee is...

 

HTMLNew York Practice: Responding to the Complaint
Angela M. Evangelista; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
This article will address the issues that should be evaluated when preparing an answer. It pertains to answers in New York State courts and, to a limited extent, answers in federal court in the Eastern and Southern Districts of New York.

 

HTMLThe Appellate Division Weakens Workers’ Compensation Dismissal Orders
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
Based on its recent decision in Raul Planes v. Village Townhouse, 2014 N.J. Super. Unpub. LEXIS 2784 (N.J. Super. Ct. App. Div. Nov. 25, 2014), the New Jersey Appellate Division has seemingly weakened dismissal orders in workers’ compensation proceedings based on lack of prosecution. New...

 

HTMLNarrowing the Scope of Medical Expert Qualifications and Testimony under the Pennsylvania Rules of Evidence
Angeline C. Panepresso; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
As a general principle, the standard for qualification as an expert witness in Pennsylvania is a liberal one. Specifically, the test for qualifying as an expert is whether the expert has any reasonable pretension to specialized knowledge on the subject at issue, and the weight to be given to such...

 

HTMLThink Before You Resign
Gregory M. Rosatelli; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 5, 2015, previously published on March 1, 2015
In Keller v. Workers’ Compensation Appeal Board (UPMC Presbyterian Shadyside), 2014 Pa. Commw. LEXIS 571 (Pa. Commw. Ct. Dec. 15, 2014), the claimant sustained a work-related injury in the form of a fracture of her right wrist on November 24, 2006, during the course and scope of her...

 

HTMLWalters v. YMCA, Putting Some Limitations on Stelluti v. Casapenn
Walter F. Kawalec; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
In 2010, the New Jersey Supreme Court issued its opinion in Stelluti v. Casapenn Enterprises, Inc., 1 A.3d 678 (N.J. 2010), in which the court examined the applicability of an exculpatory (i.e. hold harmless) provision in the context of a private health club membership. A club patron was injured...

 

HTMLMeeting the Proof Requirements Under the Anti-Fraud Provision of the Workers’ Compensation Act...An Uphill Battle or Climbing Mt. Everest?
Jammie N. Jackson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
The New Jersey Office of the Insurance Fraud Prosecutor launched a new public awareness campaign featuring radio, cable, transit and internet ads declaring “Insurance Fraud=Prison.” Yet, fraud remains a part of every insurance line, including the workers’ compensation system....

 


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