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

 







Document(s) published by this organization: 80


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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...

 

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...

 

HTMLCan Plaintiff Board the Amount of Medical Expenses Billed or Merely the Amount Paid?
Armand J. Della Porta; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on September 1, 2015
A plaintiff is injured, allegedly due to the defendant’s negligence or defective product. The plaintiff seeks medical treatment for his injury and is billed by his medical provider. The amount paid by his insurance company is substantially less than the amount billed. The plaintiff files suit...

 

HTMLBack to the Drawing Board: The Use of Ethnicity-Based Statistics to Determine Economic Loss in Tort Cases Held Unconstitutional
John J. Hare; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 13, 2015, previously published on August 12, 2015
In a significant ruling issued on July 30, 2015, U.S. Judge Jack B. Weinstein of the Eastern District of New York held that it is unconstitutional to use ethnicity-based statistics to calculate future economic loss in tort cases. This ruling will likely spawn similar rulings and arguments...

 

HTMLPennsylvania Supreme Court Holds That an Insurer Defending Under a Reservation of Rights Must Reimburse an Insured for an Unconsented-To Settlement So Long as the Settled Claim Is Covered and the Settlement Is Fair and Reasonable
John J. Hare, R. Bruce Morrison; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 5, 2015, previously published on July 23, 2015
The Pennsylvania Supreme Court has ruled in a 3-2 decision that an insurer defending under a reservation of rights must reimburse an insured for a tort settlement paid by the insured, despite the insurer’s lack of consent to the settlement, if the claim is covered by the policy and the...

 

HTMLFederal Judge Applies "Bare Metal Defense" Under PA Law
Joshua D. Scheets; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
Judge Eduardo Robreno of the USDC for EDPA issued a thorough and searching analysis of the applicability of what has been termed the "bare metal defense" under Pennsylvania law and predicted how Pennsylvania courts would determine this issue in the current absence of appellate authority...

 

HTMLSuperior Court Rules Tincher Applies to Failure to Warn Cases
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court recently issued an opinion deciding a number of issues in the consolidated appeal of Amato v. Crane/Vinciguerra v. Crane, 2015 PA Super. 83. The cases were appeals from jury verdicts of $2.5 million and $2.3 million that were tried in Philadelphia in February 2013...

 

HTMLSummary Judgment Reversed on Plaintiff's Jones Act Claims
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court reversed orders from the Philadelphia Court of Common Pleas granting summary judgment in favor of defendants Arco and Sunoco on the basis that evidence existed that the plaintiff was exposed to asbestos aboard vessels operated by the defendants and that the plaintiff...

 

HTMLU.S. Supreme Court Holds That Courts Are Permitted To Judicially Review Whether the EEOC Fulfilled Its Duty to Attempt Conciliation Prior to Initiating a Lawsuit
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
A woman filed a Charge of Discrimination against Mach Mining, alleging that its failure to hire her as a coal miner constituted gender discrimination. The EEOC later found that “reasonable cause” existed that the company had discriminated against a class of women who also applied for...

 

HTMLConstruction Cases: Statute of Repose Commences When the Contract, Not the Construction, Is Completed
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The appellant condominium complex filed suit against various defendants for construction defects. The appellee subcontractor moved to dismiss the appellant’s claims on the basis that they were filed outside the ten-year statute of repose. Pursuant to section 95.11(3)(c), Fla. Stat., an action...

 


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