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

 







Document(s) published by this organization: 74


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HTMLPennsylvania Supreme Court Upholds Wrongful Birth Statute
John C. Farrell, Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In 1988, the Pennsylvania General Assembly passed Act 47 into law, which contained multiple pieces of legislation, many of which did not relate to each other. For instance, Act 47 repealed the Post-Conviction Hearing Act and enacted the Post-Conviction Relief Act in its place. It also conferred the...

 

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...

 

HTMLPennsylvania Supreme Court Limits Attorneys’ Fees in Peer Review Cases
Katharine Mooney; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In Doctor’s Choice Physical Medicine & Rehabilitation Center, P.C. v. Travelers Personal Ins. Co., 2015 Pa. LEXIS 3010 (Pa. Dec. 21, 2015), the Pennsylvania Supreme Court addressed the availability of attorneys’ fees in the first-party personal injury context. The court reversed the...

 

HTMLMy Attorney Told Me To...Opening the Door and Waiver of the Attorney-Client Privilege
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The United States District Court for the Middle District of Pennsylvania has once again considered the issue of waiver of the attorney-client privilege. In Piazza v. County of Luzerne, 2015 U.S. Dist. LEXIS 147283 (M.D. Pa. Oct. 30, 2015), the plaintiff claimed he was unlawfully terminated from his...

 

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...

 

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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