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

 







Document(s) published by this organization: 87


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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...

 

Adobe PDFPennsylvania’s Medical Cannabis Bill Passes in the Pennsylvania Senate
Anthony Natale; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 24, 2015, previously published on June 16, 2015
Senate Bill 3, known as Pennsylvania’s Medical Cannabis Bill, resoundingly passed in the Pennsylvania Senate by a vote of 40-7. The Bill is currently awaiting House review before it could become law in Pennsylvania. The line of opposition in the House to this Bill is couched in terms of...

 

HTMLAre New Jersey Courts Modifying the Affidavit of Merit Requirements in Professional Malpractice Cases? 
Jeremy J. Zacharias; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 23, 2015, previously published on June 1, 2015
Based on its recent decision in Hill International v. Atlantic City Board of Education, 106 A.3d 487 (App.Div. 2014), the New Jersey Appellate Division had to decide whether the affidavit of merit (AOM) statute should be interpreted to require a supporting AOM from a “like-licensed”...

 

HTMLLimits on Investigative Receiverships: Akagi v. Synergy Group (2000) Inc., 2015 Onca 368
Barry H. Bresner, Ewa Krajewska; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
In Akagi v Synergy Group (2000) Inc.1, the Ontario Court of Appeal clarified the limits of the duties of receivers appointed by the court to enforce judgment debts, the scope of “investigative receiverships” and the jurisdiction of the Superior Court to encumber the assets of...

 

HTMLThe Prejudicial Effect of the Passage of Time
A. Abidemi Oladipo; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
When considering an insurance claim, establishing timing of the claim is a critical element in its proper investigation. Any delay in reporting a claim may negatively impact an insurer’s ability to: determine the scope and extent of damage; establish and evaluate the cause of damage; gather...

 

HTMLGet the Gist? No Certificate of Merit Necessary
Christina J. Westall; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 16, 2015, previously published on June 1, 2015
In December 2014, the Pennsylvania Supreme Court decided Bruno v. Erie Ins. Co., 106 A.3d 48 (Pa. 2014), significantly changing the rules requiring a certificate of merit in professional liability cases. The scope of a professional liability claim is governed by Pa. R.C.P. 1042.1, which permits a...

 

HTMLAttorney’s Fees for a Frivolous Appeal: An Old Cloak Gets a New Owner
Robert P. Schenk; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Are you tired of claimant’s attorneys filing frivolous appeals? It seems the Commonwealth Court may well be, too, recently holding in the case of Steven Smith v. WCAB (Consolidated Freightways, Inc.), 2015 Pa. Commw. LEXIS 91 (Pa.Commw.Ct. Mar. 9, 2015), that employers can recover...

 

HTMLSupreme Court’s Impact on Informed Consent Defenses
Katharine C. Koob; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
In recent years there has been an increase in lack of informed consent claims within medical malpractice actions. In Pennsylvania, informed consent claims sound in “offensive touching” without permission and constitute a battery. Allegations of negligence sound in a breach of the...

 

HTMLWhen the Smoke Clears, Can Marijuana Be Considered Reasonable and Necessary Medical Treatment? Lessons from New Mexico
Jammie N. Jackson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Marijuana has been making headlines across the country, and New Jersey is no exception. On March 21, 2015, approximately 200 protestors gathered outside the New Jersey Statehouse for the ¿Spring Smoke Out¿ rally advocating the legalization of marijuana in the state of New Jersey. New Jersey is...

 


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