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

 







Document(s) published by this organization: 89


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HTMLHospital’s Board Meeting Minutes May Be Protected by Attorney-Client and Peer Review Privileges, But a Department of Health Investigation is Not Privileged
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
Michael Yocabet received a kidney transplant from Christina Mecannic. Prior to the transplant, Yocabet did not have Hepatitis C. It was determined after the surgery that UPMC had transplanted a Hepatitis C-infected kidney from Mecannic. As a result of the transplant, the Department of Health (DOH)...

 

HTMLConsider Leaving Informed Consent Claims in Your Case to Bolster Your Defense
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The Pennsylvania Supreme Court ruled that, generally, a patient’s informed consent to the risks of treatment is irrelevant in a case sounding in only medical negligence. The Supreme Court, however, refused to adopt the Superior Court’s bright line ruling that all aspects of informed...

 

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...

 

HTMLA Reservation of Rights Letter is Ineffective When it is Untimely and Not Specifically Addressed to the Additional Insured
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights (ROR) letters were ineffective as to an additional insured because they were addressed to the named insureds and were sent seven months after the underlying complaint had...

 

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...

 

HTMLDamage Cap under Political Subdivision Tort Claims Act Applies to Each Local Agency Defendant, Not in the Aggregate, when there is More than One Local Agency Found Liable
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The plaintiff homeowner association, owner of a pond created by an earthen embankment dam, brought claims of negligence and violations of the Storm Water Management Act (SWMA), 32 P.S. §§680.1-680.17 against the defendant township and school district. The school district built a sports...

 

HTMLInvestor is Not Liable for Past Due Assessments Owed to the HOA by Its Predecessor in Interest
Andrew J. Marchese; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The Westwood Gardens Homeowner’s Association (HOA) demanded that the investor who purchased two single-family residences at a foreclosure sale pay the HOA for all past due assessments, including those incurred by its predecessor in interest. The investor paid the HOA under protest, reserving...

 

HTMLThe Court Distinguished the Belt Painting Case, Which Held that a Bodily Injury Liability Claim Resulting From Inhalation of Paint Fumes Did Not Arise Out of the Discharge of Pollutants
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The Third Department of the Appellate Division held that both a pollution exclusion and a faulty workmanship exclusion applied to exclude coverage on a first-party policy that included coverage for a building in a government complex. During construction work on a parking garage beneath the...

 

HTMLU.S. Supreme Court Finds that a Pregnant Employee Who Was Denied a Lifting Restriction Accommodation Survives Summary Judgment When the Employer Offers Similar Restrictions to Non-Pregnant Employees Who Have On-The-Job Injuries or Other Disabilities
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The U.S. Supreme Court determined that an employee created a genuine issue of fact (requiring denial of summary judgment) when that pregnant employee presented evidence that the employer provided more favorable treatment to other employees whose requests for lifting restriction accommodations could...

 

HTMLA Defendant’s Answer Does Not “Open the Door” to Privileged Communications
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The plaintiff averred in her complaint that an anesthesiologist who performed a pre-surgical evaluation of the decedent was impaired by alcohol at the time of his consult. The anesthesiologist specifically denied that he suffered from any condition that affected his ability to provide appropriate...

 


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