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

 







Document(s) published by this organization: 100


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HTMLRecovery of Emotional Distress Damages in a New Jersey Medical Malpractice Action Remains a Tough Hurdle for Plaintiffs
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The plaintiff parents brought their 19-month-old daughter to the emergency room at 5:00 pm following difficulty breathing and cold or flu-like symptoms. The child was followed by a pediatric intensivist through the night, who claimed to have called a pediatric cardiologist at approximately 12:00 am...

 

HTMLC&R Agreement That Does Not Resolve an Issue That Is On Appeal with the Board Does Not Preclude the Employer from Recovering From the Supersedeas Fund
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
The claimant filed a claim petition, which was granted by the Workers’ Compensation Judge. In his decision, the Judge established the claimant’s average weekly wage and compensation rate, which the employer appealed. In connection with the appeal, the employer requested supersedeas,...

 

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...

 

HTMLThe Claimant Does Not Qualify As A Displaced Worker Where His Inability To Obtain Work Is Not Due To The Work Injury But Rather To His Inability To Furnish The Employer With A Valid Social Security Number And Thereby Get Rehired
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
This case was before the Superior Court on the claimant’s appeal from the Board’s decision which granted the employer’s petition for review, terminating the claimant’s total disability benefits and also finding the claimant ineligible for partial disability benefits. The...

 

HTMLEx Parte Communication Prohibited between Employer’s Attorney and Claimant’s Physician.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
This new Commonwealth Court decision has changed the law regarding communications between an employer and a panel physician when taking depositions. No longer is the counsel for the employer able to meet with the panel physician prior to the deposition as to do so violates the injured...

 

Adobe PDFPennsylvania Supreme Court Vacates Commonwealth Court Decision Finding Psychic Injury Suffered By Liquor Store Clerk Robbed At Gunpoint Not Compensable
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 24, 2014, previously published on March 20, 2014
In a per curiam order from February 2014, the Supreme Court of Pennsylvania vacated a Commonwealth Court decision that found a Post-Traumatic Stress Disorder (PTSD) claim, made by a liquor store clerk robbed at gunpoint, not compensable and remanded it to the Commonwealth Court for reconsideration....

 

HTMLBrief Overview of Shipowner’s Limitation of Liability Act - History, Procedure and Recent Trends
Christopher J. DiCicco; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 1, 2014
The Shipowner’s Limitation of Liability Act (Limitation Act), 46 U.S.C. § 30501 et seq., is one of the distinctive features of United States maritime law. It gives a vessel owner the right to limit its liability in a maritime casualty (whether it be a claim for cargo damage, collision,...

 

HTMLForum Non-conveniens and Choice of Law in New Jersey Asbestos Litigation
Lisa M. Only; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 1, 2014
For years, many individuals believed that asbestos litigation in New Jersey would soon end. To the contrary, asbestos cases have continued to congest the court docket. According to the Special Master, Middlesex County had approximately 328 asbestos claims pending as of March 2013, a majority of...

 

HTMLForum Non Conveniens: Where Your Convenience Does Not Matter
David Salazar; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 1, 2014
For years, defendants have been at the mercy of a plaintiff’s choice of venue. Other than removing to federal court or objecting to an improper venue, defendants have little control over where a matter will be litigated. Forum non conveniens has long been somewhat of a mirage: an option that,...

 

HTMLDefining the Boundaries of Enforceable Indemnity Provisions Under Pennsylvania Law
Margaret C. Kucera; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 17, 2014, previously published on March 1, 2014
Recently, it seems that opposing counsel are demanding broader indemnification provisions during negotiations on a variety of contracts throughout Pennsylvania. In order to appropriately advise insurance carriers and clients alike on their potential liability for entering into agreements with...

 


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