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

 







Document(s) published by this organization: 118


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HTMLOpening the Floodgates for Runaway Jury Verdicts? Florida Supreme Court Declares Caps on Noneconomic Damages Unconstitutional in Medical Malpractice Wrongful Death Litigation
Chanel A. Mosley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
On March 13, 2014, the Florida Supreme Court declared unconstitutional the caps on damages applicable to wrongful death claims in a medical malpractice cause of action. Estate of McCall v. United States, 2014 Fla. LEXIS 933 (Mar. 13, 2014). In a 5-2 ruling, Justice R. Fred Lewis wrote the opinion...

 

HTMLFlorida’s New Daubert Standard for Expert Testimony is Retroactive
Tashia M. Small; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 29, 2014, previously published on June 1, 2014
Recently, Florida made the transition into a Daubert jurisdiction, aligning Florida courts with their federal counterparts. Simply stated, the amendment of Florida Statute § 90.702 makes the standard of admissibility of expert testimony in Florida courts stricter and more exacting.

 

HTMLNJ Superior Court Affirms Bare Metal Defense
Arthur D. Bromberg, Paul C. Johnson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
In Hughes v. A.W Chesterton, 2014 N.J. Super. LEXIS 54 (App. Div. 2014), the NJ Appellate Division rendered its decision in four asbestos matters which raised the “bare metal” defense asserted by a pump manufacturer, Goulds Pumps. The court found that a plaintiff needs to demonstrate...

 

HTMLPA Superior Court Rules Plaintiff Must Show Regular and Frequent Exposure as Cause of Disease
Arthur D. Bromberg, Paul C. Johnson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
In a non-precedential opinion, the court affirmed two summary judgment rulings in which the trial court had dismissed the plaintiff's claims for failing to produce evidence that the plaintiff was exposed to asbestos from the defendants' products on a regular and frequent basis and that the...

 

HTMLNew Coordinating Judges Assigned to Asbestos Cases in Middlesex County (NJ) and Northampton County (PA)
Arthur D. Bromberg, Paul C. Johnson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
The Northampton County court in Easton, PA and the Middlesex County court in New Brunswick, NJ recently appointed new coordinating judges to supervise the asbestos programs in their courts.

 

HTMLPunitive Damages May Be Sought in NYC Asbestos Cases
Arthur D. Bromberg, Paul C. Johnson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 6, 2014, previously published on May 1, 2014
Judge Sherry Klein Heitler recently issued an order and opinion granting a motion filed by Weitz & Luxenberg on behalf of several plaintiffs amending the New York City Asbestos Litigation ("NYCAL") case management order to allow the plaintiffs to seek punitive damages against the...

 

HTMLFeds Are Serious About Data Security
Mark L. Mattioli, David J. Shannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 22, 2014, previously published on April 17, 2014
In what could be a landmark ruling in the data breach legal field, a New Jersey district court recently ruled that the FTC's lawsuit against Wyndham Hotels for unfair and deceptive trade practices related to a major data breach could proceed. Although the breach did not happen in a health care...

 

HTMLThe Expansion of Claimant’s Injuries by Judge’s Decision Granting a Review Petition Does Not Negate the Validity of a Prior Ire that was Not Challenged Within 60 Days
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
April 3, 2014, previously published on April 1, 2014
After the claimant sustained a work-related injury that was acknowledged by the employer, the employer issued a notice of change of workers’ compensation disability status to the claimant, based on the results of an IRE which found the claimant to have a whole body impairment of 11 percent....

 

HTMLLawyer Liability Extended To Third-Party Beneficiaries for One-Sided Inter Vivos Transfers of Property
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The defendant attorney and law firm were retained by a corporation to prepare a quitclaim deed to gift a piece of property from the corporation to the plaintiffs. After recording of the deed, a third-party challenged the conveyance, which was ultimately held to be invalid. The plaintiffs brought...

 

HTMLBenefits Were Properly Suspended After the Claimant Returned an Employment Verification Form by Fax Which Was Signed But Not Dated
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The claimant filed a claim petition for an injury he sustained while working for the employer. While the claim petition was pending, the employer sent the claimant an “Employee Verification of Employment, Self-Employment or Change in Physical Condition Form” (LIBC-760). The claimant was...

 


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