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

 







Document(s) published by this organization: 117


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HTMLHelp May Be On the Way in Pennsylvania for Providers of Emergency Health Care
Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Pennsylvania may take a huge step forward in remedying its reputation as a hostile environment for medical providers in the form of legislation introduced by Representative Bryan Cutler (R) of 100th Legislative District of Pennsylvania. This legislation seeks to impose a heightened standard of...

 

HTMLImplied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...

 

HTMLExercise Caution and Attention to Detail When Presenting Agreements to Nursing Home Residents and Patients.
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement executed by the plaintiff, attorney-in-fact, who executed...

 

HTMLSupreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.

 

HTMLCan Seek Benefits After Quitting, Provided You Establish Injury Occurred In Course Of Employment. Employer Not Judicially Estopped From Arguing Claimant Not An Employee At Time Of Injury, Even If Employment Admitted In Answer To Civil Action Complaint.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant informed his manager that he was quitting. According to company policy, the manager accompanied the claimant to his company truck to remove his personal belongings. After removing these items, the claimant tripped and fell, sustaining injuries. The claimant timely reported his injury....

 

HTMLCable Technicians Can Be Traveling Employees With No Fixed Place Of Employment.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant began each workday by reporting to the employer’s facility, where he received his assignments and picked up equipment. He then spent the rest of his workday traveling to various customer locations. He took his company vehicle home each night and used it to report to work in the...

 

HTMLLet It Snow! Let it Snow! Let It Snow! There Is No Bad Weather Exception to The Coming and Going Rule for NJ Workers’ Compensation
Robert J. Fitzgerald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
The New Jersey Appellate Division has determined that there is no “bad weather” exception to compensability in New Jersey workers’ compensation in the case of Adi Kotler v. DCH Motors, LLC v. Safety National Casualty Corp., 2014 N.J.Super. Unpub. LEXIS 1363 (App. Div. June 11,...

 

HTMLA Perfectly Imperfect Process: Dauphin County’s First Post-Koken Jury Trial
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
On December 29, 2005, all underinsured motorist claims (UIM) that couldn’t be resolved by the parties themselves were resolved through arbitration. The following day, everything changed. It was on that date that the Pennsylvania Supreme Court issued its decision in Insurance Federation of...

 

HTMLMedical Professional Negligence - What’s In A Name? If You’re The Plaintiff, It Doesn’t Matter
Wendy R.S. O'Connor; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
The Pennsylvania Superior Court recently held that a plaintiff in a medical professional negligence action may proceed against a health care facility based upon allegations of vicarious liability, even absent the identification of specific individuals whose conduct is imputed to the facility. In...

 

HTMLIt Payes to Be Abnormal—Is The Law Really Changing for Mental/Mental Claims in PA Workers’ Comp?
A. Judd Woytek; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 1, 2014
What is normal? What is abnormal? Why does it matter? For Pennsylvania workers’ compensation claimants, employers and insurance carriers, these questions have moved to the forefront of an area of the law that seemed to have been settled.

 


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