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

 







Document(s) published by this organization: 80


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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.

 

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...

 

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...

 

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...

 

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...

 

HTMLLimiting or Disposing of Insurance Claims and Lawsuits by Utilizing Bankruptcy Records and the Doctrine of Judicial Estoppel
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 14, 2015, previously published on September 1, 2015
Judicial estoppel precludes a party from assuming inconsistent positions in separate legal actions. If a party takes one position in a prior legal action, he or she cannot take a different position on the same issue in a subsequent action. The doctrine of judicial estoppel is intended to guard the...

 

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...

 

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...

 


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