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

 







Document(s) published by this organization: 110


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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...

 

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...

 

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....

 

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...

 

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...

 

HTMLPatients’ Right To Access Records Of Health Care Facility/Provider Relating To Adverse Medical Incident Not Limited To Only Records Pertaining To Same/Similar Condition, Treatment Or Diagnosis As Patient Requesting Access
Chanel A. Mosley; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 28, 2014
Known as “Amendment 7,” Article X, Section 25 of the Florida Constitution guarantees patients the right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incidents.

 

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...

 

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,...

 


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