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

 







Document(s) published by this organization: 117


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HTMLOccupant In a Fleeing Vehicle Is Not an Innocent Bystander...Or Is He?
Kimberly A. Boyer-Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
Under the law in Pennsylvania, police officers owe no duty of care to the driver of a fleeing vehicle, Lindstrom v. City of Corry, 763 A.2d 394 (Pa. 2000), but they do owe a duty of care to innocent third parties, Jones v. Chieffo, 700 A.2d 417 (Pa. 1997), who are bystanders unconnected with the...

 

HTMLPrescribing High Potency Medication To a Known Drug Abuser: Is the Doctor Liable For Resulting Injuries?
Julia A. Klubenspies; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
The New Jersey Supreme Court recently heard oral argument on a case involving a patient with a known drug abuse history who swallowed medication from a prescription, high-potency skin patch, which ultimately lead to anoxic brain injury. The question before the Supreme Court is whether the trial...

 

HTMLMerely Dictum or Controlling Decision? Recent Appellate Decision Addresses Right to Section 40 Recovery Against UIM Policy
Nancy L. Musser; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
In a decision that has practitioners scratching their heads in bewilderment, the New Jersey Appellate Division held in Dever v. New Jersey Manufacturers Insurance Company, 2013 N.J. Super. Unpub. LEXIS 2553 (N.J. Super. App. Div. October 23, 2013) that a workers’ compensation respondent has...

 

HTMLPatiently Waiting for the Florida Supreme Court to Decide Whether Pregnant Women Are Protected Under the Florida Civil Rights Act
Jeannie A. Liebegott; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
There is currently a conflict within the Florida circuits on the issue of whether the Florida Civil Rights Act (§§ 760.01-010, Florida Statutes) protects against workplace discrimination based on pregnancy. This issue was heard by the Florida Supreme Court in late May 2013, in the case of...

 

HTMLHow Giving Legal Advice Can Lead to a Criminal Indictment
Rocco J. Carbone; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
On October 12, 2013, the Office of the Florida Attorney General convicted Kelly Mathis, a prominent Jacksonville attorney, of 103 out of 104 criminal counts, including felony racketeering. The Attorney General’s Statewide Prosecutor indicted Mr. Mathis and 57 other co-defendants on various...

 

HTMLThe Rise of Legal Malpractice Lawsuits
Rocco J. Carbone, John Viggiani; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
Recently, there has been an alarming increase in legal malpractice lawsuits in all practice areas. This article discusses the applicable standard of proof and the statute of limitations for these actions.

 

HTMLThe Phantom Vehicle: Prejudice in Delayed UM Claim Not Presumed, But Certainly Demonstrable
Shane Haselbarth; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
In Vanderhoff v. Harleysville Insurance Company, 78 A.3d 1060 (Pa. 2013), the Pennsylvania Supreme Court decided—hopefully for the last time—the fate of an uninsured motorist claim premised upon a phantom vehicle. The court’s decision examined the contours of the prejudice issue...

 

HTMLWill Pennsylvania Replace the Current Standard of Strict Liability for Design Defects With the Negligence Inclusive Analysis of Section 2 of the Third Restatement of Torts?
Alex B. Norman; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 14, 2014, previously published on March 1, 2014
On October 15, 2013, the Pennsylvania Supreme Court heard oral argument in Tincher v. Omega Flex, No. 17 MAP 2013, regarding whether to replace the strict liability analysis of Section 402A of the Second Restatement with the negligence inclusive analysis of Section 2 of the Third Restatement. The...

 

HTMLPA Supreme Court To Hear Failure To Disclose Psychological Damage To Property Appeal
Samuel E. Cohen; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 3, 2014, previously published on January 29, 2014
The Pennsylvania Supreme Court recently granted the petition for allowance of appeal of a December 26, 2012, Superior Court ruling that psychological damage to real property is not considered a material defect in the property which must be revealed by the seller to the buyer.

 

Adobe PDFEx Parte Communication Prohibited Between Employer’s Attorney and Claimant’s Physician
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
January 17, 2014, previously published on January 16, 2014
A new Commonwealth Court decision in Pennsylvania State University v. Workers’ Compensation Appeal Board (Sox); 454 C.D. 2013, 455 C.D. 2013; filed December 19, 2013, has changed the law regarding communications between an employer and a panel physician when taking depositions. No longer is...

 


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