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

 







Document(s) published by this organization: 121


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HTMLCondo Officer/Director Liability in Florida
John Viggiani; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
Over the last 20 or 30 years, condominium living has increased. With this increase has come the need for condominium associations and, with it, the need for owners to step up and serve as officers and board members of these associations. However, due to the litigiousness of society, fewer and fewer...

 

HTMLComparing Apples to Oranges
Sarah B. Cole; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
What is an “underinsured” motor vehicle in Delaware? Up until a short time ago, if all applicable policies of bodily injury liability coverage available totaled less than the amount of the claimant’s own uninsured/underinsured motorist coverage, that claimant would be deemed...

 

HTMLSupreme Court’s Halliburton Ruling May Be A Curse in Disguise for Securities Defendants
Gregory P. Graham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 30, 2014, previously published on September 1, 2014
On June 23, 2014, the U.S. Supreme Court issued its anticipated decision in Halliburton Co. v. Erica P. John Fund, Inc., 134 S.Ct. 2398 (2014). Although pre-decision discussion speculated that the case might become the most important securities decision in years, the Court ultimately chose a...

 

HTMLA Claimant Who Injures Himself In The Parking Lot A Few Hours Before His Shift Was To Begin Was In The Course And Scope Of Employment At The Time Of The Injury.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant’s shift did not begin until 8 AM, but he testified that he typically arrived at work early because of traffic. He testified that he parked in the employer’s parking lot at approximately 6:30 AM and went into the building to pick up his clean uniforms and take them back to...

 

HTMLA Claimant Who Fails to Establish a Valid Common Law Marriage to Decedent Is Not Entitled to Widow’s Benefits Under §307 (3).
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The decedent sustained a traumatic brain injury as a result of a drilling rig accident while working for the employer. The employer and the claimant entered into an agreement to pay dependency benefits to the decedent’s two minor children. In the agreement, the claimant reserved the right to...

 

HTMLExercise Caution and Attention to Detail When Presenting Agreements to Nursing Home Residents and Patients.
Nicholas A. Rimassa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement executed by the plaintiff, attorney-in-fact, who executed...

 

HTMLImplied Warranty Of Habitability Owed By A Home Builder To A Residential Purchaser Of A New Home Does Not Extend To The Subsequent Purchaser Of The Home.
Timothy G. Ventura; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects. However, they were not in contractual privity with the builder; rather, they had...

 

HTMLCan Seek Benefits After Quitting, Provided You Establish Injury Occurred In Course Of Employment. Employer Not Judicially Estopped From Arguing Claimant Not An Employee At Time Of Injury, Even If Employment Admitted In Answer To Civil Action Complaint.
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The claimant informed his manager that he was quitting. According to company policy, the manager accompanied the claimant to his company truck to remove his personal belongings. After removing these items, the claimant tripped and fell, sustaining injuries. The claimant timely reported his injury....

 

HTMLSupreme Court Of New Jersey Holds That Cardiovascular Death Is Not Compensable.
Angela Y. DeMary; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The New Jersey Supreme Court reiterated that there remains a heightened standard of proof and causation for cardiovascular claims. The Supreme Court opined in Rennerr/i> that the decedent husband/petitioner failed to sustain his burden of proving a compensable cardiovascular death.

 

HTMLHouse Bill 373 Enacted To Control Level Of Workers’ Compensation Insurance Premiums By Making Significant Changes In Medical Reimbursements Allowable Under Healthcare Payment System.
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
September 29, 2014, previously published on October 1, 2014
The summary to House Bill 373 gives the following reasons behind its enactment:

 


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