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

 







Document(s) published by this organization: 87


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HTMLThe Pennsylvania Supreme and Superior Courts Clarify the “Retained Control” Exception to General Rule of Landowner’s Nonliability for Independent Contractors
Michael A. Karaffa; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 23, 2016, previously published on March 1, 2016
Pennsylvania has long embraced the general rule that a landowner who engages an independent contractor is not liable for the independent contractor’s negligence. Plaintiffs can get around the rule, however, if the landowner kept sufficient control over the worksite under the “retained...

 

HTMLOhio Supreme Court Signals Narrow Application of Ohio’s Inferred Intent Doctrine
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 23, 2016, previously published on March 1, 2016
In Granger v. Auto-Owners Insurance, 40 N.E.3d 1110 (Ohio 2015), the Ohio Supreme Court was afforded its first opportunity since Allstate Insurance Company v. Campbell, 942 N.E.2d 1090 (Ohio 2010) to clarify the reach of Ohio’s inferred intent doctrine, which automatically triggers an...

 

HTMLEEOC’s Proposed Guidance Expands the Scope of Retaliation
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
On January 21, 2016, the EEOC issued its Proposed Enforcement Guidance on Retaliation and Related Issues, the first guidance on retaliation issued by the EEOC since 1998. The EEOC determined that the updated guidance was needed because 43 percent of charges filed with the EEOC assert claims of...

 

HTMLDefining Employee Opposition Under the Florida Whistleblower Act
David R. Bear; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
The Florida Whistleblower Act (FWA) contains what is commonly known as an opposition clause. This section of the Act provides protection for an employee who objects or refuses to participate in an employer activity, policy or practice that is in violation of a law, rule or regulation. Over the last...

 

HTMLWanted: Your Company's Workforce Pay Data - EEOC Proposes Adding Compensation Data to Annual EEO-1 Report
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 8, 2016, previously published on February 23, 2016
On January 29, 2016, the United States Equal Employment Opportunity Commission (EEOC) released a proposed revision to the Employer Information Report (EEO-1) that would add employee pay data as an additional reporting requirement beginning in September 2017. The proposal is highly controversial, as...

 

HTMLSolving One of the Greatest Mysteries of Florida Property Law—Florida’s Valued Policy Law
Michael A. Packer; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
Florida Statute 627.702 is one of the least known and least understood property damage laws in Florida. Yet, it is the statute that can impose the greatest liability on an insurer, especially in times of catastrophic events or when a fire destroys or damages an insured structure. Claims...

 

HTMLOverview of Insurance Agent Professional Liability in Ohio
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In recent years, several factors have combined to cause a significant increase in the amount of litigation instituted against insurance agents. Greater competition from a range of sources has caused traditional agents to look for ways to add value, transforming their responsibilities from that of...

 

HTMLMy Attorney Told Me To...Opening the Door and Waiver of the Attorney-Client Privilege
Nicole M. Ehrhart; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The United States District Court for the Middle District of Pennsylvania has once again considered the issue of waiver of the attorney-client privilege. In Piazza v. County of Luzerne, 2015 U.S. Dist. LEXIS 147283 (M.D. Pa. Oct. 30, 2015), the plaintiff claimed he was unlawfully terminated from his...

 

HTMLEvidence of a User’s Negligence and Industry Standards Admissible in Post-Tincher Design Defect Claims
Kristin E. Shicora; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
For over 30 years, strict product liability claims in Pennsylvania adhered to an artificial prohibition on the introduction of negligence principles, as set forth by the Pennsylvania Supreme Court in Azzarello v. Black Bros. Co., 391 A.2d 1020 (Pa. 1978) and its progeny. Evidence of a user’s...

 

HTMLThe Pursuit of the Trivial - Is This How the New York Court of Appeals Has Been Spending Its Time? Well, Yes (But With a Purpose)
Robert A. Faller; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
An issue of consistent significance in trip and fall cases involving walking surfaces is whether the mechanism of the fall—a hole, a protrusion, an uneven surface—constitutes a defect so trivial as to render the claim not actionable. The Court of Appeals, New York’s highest court,...

 


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