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

 







Document(s) published by this organization: 117


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HTMLIn Order for an Expert’s Testimony on Permanency to Be Impeached, or Otherwise Rebutted, the Jury’s Ability to Reject the Testimony Must Be Based on Some Reasonable Basis in the Evidence
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 3, 2014, previously published on January 2, 2014
The defendants in this automobile negligence case appealed an order granting the plaintiff a new trial on the issue of damages after the trial court directed a verdict on the issue of permanency regarding one of the claimed injuries. The directed verdict was entered on a renewed motion for directed...

 

HTMLPennsylvania Supreme Court Holds That A Pennsylvania State Trooper Who Struck and Killed A Woman with His Patrol Car Was Entitled To Benefits for A Psychic Injury Due To Abnormal Working Conditions
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 2, 2014, previously published on January 2, 2014
The claimant, a trooper for the Pennsylvania State Police, was driving his patrol car early on a dark morning when a woman, dressed all in black, suddenly ran in front of his vehicle and was struck by the car. The claimant immediately pulled the car into the traffic lane and rushed to help the...

 

HTMLBankruptcy Fraud—Tactics for the Effective Use of a Plaintiff’s Bankruptcy Filing in Defending Civil Claims
Nicholas D. Bowers; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
As most any seasoned claim handler can attest, it is not uncommon to come across a civil plaintiff who has pursued or is actively pursuing a petition for bankruptcy in the federal courts, separate and apart from his or her civil claim. As is set forth in detail below, these bankruptcy filings can...

 

HTMLContractually Limiting Individual Liability for Design Professionals Using Florida’s New Legislation
Michael J. DeCandio, Amanda Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In Moransais v. Heathman, 702 So. 2d 601 (Fla. 2d DCA 1997), Philippe Moransais hired a professional engineering corporation to perform an inspection of a home he had contracted to purchase. Two engineers employed by the corporation, Jordan and Sauls, performed the home inspection. Relying upon the...

 

HTMLRamifications for Employer’s When There Are “Guns At Work”
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In Florida and across the country, impassioned discussions about gun rights are taking place. In the wake of high-profile cases like the George Zimmerman trial and the events at the Naval Yard shooting in Washington, D.C., conceal and carry permits have become a hot topic of discussion. Much of the...

 

HTMLFrom Frye to Daubert: What You Need to Know About Admitting Expert Testimony in Florida State Courts
Michael J. DeCandio, Amanda Ingersoll, R. Thomas Roberts; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 19, 2013, previously published on December 17, 2013
In April 2013, the Florida legislature passed House Bill 7015, which eliminated Florida’s reliance on the Frye standard for the admission of expert testimony. Effective July 1, 2013, all Florida state courts must to adhere to the current federal standard, known as the Daubert standard. There...

 

HTMLYou Slip. You Fall. You Lose. Florida’s Updated Transient Foreign Substance Statute
Alan C. Nash; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
On July 1, 2010, Florida Statute § 768.0710 was supplanted by Florida Statute § 768.0755. A win for premises owners and insurance carriers, Florida Statute § 768.0755 imposed a greater burden of proof upon plaintiffs in slip and fall cases allegedly caused by transitory foreign...

 

HTMLNew Jersey Appellate Division Resolves Conflict With Federal Courts: Claims for Contribution Under Spill Act Are Subject to Six-Year Statute of Limitations
Kevin T. Bright; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
The New Jersey Appellate Division recently resolved a conflict that had existed between state and federal courts regarding the applicability of the statute of limitations to claims for contribution brought under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. (Spill...

 

HTMLDefending the Compelled Use of Arbitration Agreements
Jason P. Ferrante; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
On September 9, 2003, an Ohio appellate court published its opinion in McFarren v. Emeritus at Canton, 2013 Ohio App. LEXIS 4058 (Ohio Ct. App. Sept. 9, 2013). The opinion is contrary to fairly recent United States Supreme Court law that bolstered the compelled application of binding arbitration...

 

HTMLReservations Over Reserving Your Rights
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
December 18, 2013, previously published on December 17, 2013
On July 10, 2013, the Superior Court of Pennsylvania issued its opinion in The Babcock & Wilcox Co., et al. v. American Nuclear Insurers, et al., 2013 Pa. Super. LEXIS 1630 (Pa. Super. July 10, 2013). The underlying case involved insurance coverage disputes for two nuclear fuel processing...

 


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