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

 







Document(s) published by this organization: 89


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HTMLAttorney’s Fees for a Frivolous Appeal: An Old Cloak Gets a New Owner
Robert P. Schenk; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
Are you tired of claimant’s attorneys filing frivolous appeals? It seems the Commonwealth Court may well be, too, recently holding in the case of Steven Smith v. WCAB (Consolidated Freightways, Inc.), 2015 Pa. Commw. LEXIS 91 (Pa.Commw.Ct. Mar. 9, 2015), that employers can recover...

 

HTMLSupreme Court’s Impact on Informed Consent Defenses
Katharine C. Koob; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
In recent years there has been an increase in lack of informed consent claims within medical malpractice actions. In Pennsylvania, informed consent claims sound in “offensive touching” without permission and constitute a battery. Allegations of negligence sound in a breach of the...

 

HTMLAnother Crack In the Dam: “Narrow” Class of Beneficiaries Who May Sue Attorney Without an Attorney-Client Relationship Not So Narrow After All
Charlene S. Seibert; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 1, 2015
It is firmly established in Pennsylvania that to sue an attorney for legal malpractice, one must establish an attorney-client relationship or a specific undertaking of a duty. Of course, our system allows exceptions where public policy requires it, assuming that the exception is first defined and...

 

HTMLAllegheny Court Refuses to Recognize Negligence Claim for Data Breach
Mark L. Mattioli, Mary Kate McGrath; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 12, 2015, previously published on June 9, 2015
On May 28, 2015, the Honorable Stanton Wettick sustained preliminary objections in Dittman v. UPMC, dismissing all counts in a class action matter brought on behalf of 62,000 employees of the University of Pittsburgh Medical Center (UPMC). The plaintiffs alleged that UPMC failed to enact...

 

HTMLContesting Damages in the Face of Liability
Eric I. Yun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 1, 2015
Although the contest of liability is often (for obvious reasons) thought of as the main event in litigation, damages can in certain situations take center stage, as two recent decisions from the Pennsylvania Superior Court demonstrate. In one case-which involved Marshall Dennehey successfully...

 

HTMLWhat Every Supermarket, Department Store, Mall and Retail Store Must Know Regarding Recent Developments in New Jersey’s Mode of Operation Doctrine
Gregory D. Speier; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 1, 2015
At Marshall Dennehey, attorneys are regularly defending cases involving slip and fall incidents. In these cases, in addition to establishing the defendant’s duty of care, the plaintiff is required to establish that the defendant had actual or constructive notice of the dangerous condition...

 

HTMLTightening the Belt: The Shrinking Scope of Harmless Error
Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
June 11, 2015, previously published on June 1, 2015
In late January 2015, the Pennsylvania Superior Court issued an opinion that justified its decision to overturn the trial court. It highlighted testimony in which the minor plaintiff’s expert witness and the defendants’ attorneys referenced the availability of collateral sources. Even...

 

Adobe PDFScore One for the Defense: Application of the Affordable Care Act To Reduce Future Damages
Leslie M. Jenny; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 14, 2015, previously published on May 2015
Lawyers who handle catastrophic injury cases have eagerly awaited the first rulings to address the impact, if any, of the Affordable Care Act (ACA) on claims for future damages. Before the ACA, it was uncertain whether injured individuals would have health insurance in the future. Consequently, in...

 

HTMLPennsylvania Superior Court Holds that Reservation of Rights Letter was Ineffective where it was Untimely and Not Specifically Addressed to the Additional Insured.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
May 12, 2015, previously published on April 21, 2015
In this unprecedented and highly impactful case, the Pennsylvania Superior Court held that two separate reservation of rights ("ROR") letters were ineffective as to an additional insured, where they were addressed to the named insureds, and were sent seven months after the underlying...

 


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