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

 







Document(s) published by this organization: 117


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HTMLLimited Tort Proof: Get the Signed Waiver Election Form!!
James D. Hilly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Pennsylvania’s Motor Vehicle Financial Responsibility Law (PAMVFRL) (75 Pa.C.S. § 1705) provides that a named insured may elect the “limited tort option,” subject to certain exceptions. An insured can choose to limit the right to sue for noneconomic damages (i.e., pain and...

 

HTMLMeeting the Proof Requirements Under the Anti-Fraud Provision of the Workers’ Compensation Act...An Uphill Battle or Climbing Mt. Everest?
Jammie N. Jackson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
The New Jersey Office of the Insurance Fraud Prosecutor launched a new public awareness campaign featuring radio, cable, transit and internet ads declaring “Insurance Fraud=Prison.” Yet, fraud remains a part of every insurance line, including the workers’ compensation system....

 

HTMLWhen a Vehicle Is an Automobile - The Maze of Statutory and Case Law in New Jersey for Determining Eligibility for PIP Benefits
Ariel C. Brownstein; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Coverage for Personal Injury Protection (PIP) benefits in New Jersey is available to those who “sustain bodily injury as a result of an accident while occupying, entering into, alighting from or using an automobile, or as a pedestrian, caused by an automobile or by an object propelled by or...

 

HTMLI Quit! And I Want Comp!
J. Jeffrey Watson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Generally speaking, the Pennsylvania Workers’ Compensation Act does not provide benefits for injured workers who are outside of the course and scope of employment at the time of injury. Considering this general principle, the Pennsylvania Commonwealth Court recently decided that an injured...

 

HTMLThe Idiosyncrasies of Ohio’s Employment Discrimination Law
Keith Hansbrough; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Ohio’s employment discrimination law presents many idiosyncrasies for defense attorneys who are accustomed to defending employment discrimination cases in other states or exclusively under federal law. Ohio’s employment discrimination laws are mostly concentrated in Ohio Revised Code...

 

HTMLWalters v. YMCA, Putting Some Limitations on Stelluti v. Casapenn
Walter F. Kawalec; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
In 2010, the New Jersey Supreme Court issued its opinion in Stelluti v. Casapenn Enterprises, Inc., 1 A.3d 678 (N.J. 2010), in which the court examined the applicability of an exculpatory (i.e. hold harmless) provision in the context of a private health club membership. A club patron was injured...

 

HTMLEnforceability of Nursing Home Arbitration Agreements in Pennsylvania
Victoria Crawshaw Scanlon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 2, 2015, previously published on December 1, 2014
Arbitration is a favored method of resolving claims. It is often less expensive and more efficient than traditional litigation. It provides finality and, if agreed to, confidentiality—preventing a nursing home’s name from being blasted across the front page of a local paper or in a...

 

HTMLThe Effect of Tincher v. Omega Flex on Equipment Defendants in Asbestos Litigation in Pennsylvania
Joshua Scheets, Esq.; Marshall Dennehey Warner Coleman Goggin P.C.;
Legal Alert/Article
February 26, 2015, previously published on January 29, 2015
The landscape of product liability law in Pennsylvania changed dramatically with the Pennsylvania Supreme Court’s decision in Tincher v. Omega Flex, Inc., 2014 Pa. LEXIS 3031 (Pa. Nov. 19, 2014), overruling Azzarello v. Black Bros, Inc., 391 A.2d 1020 (Pa. 1978). Now, in Pennsylvania,...

 

HTMLI’m Being Sued for What?!? Analyzing the Florida Supreme Court’s Opinions Applying the Foreseeable Zone of Risk Test To Determine if a Legal Duty Is Owed
Samuel C. Higginbottom; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All too often, the first time a client learns of a negligence claim is upon receipt of plaintiff’s counsel’s request for their insurance policy. The client does not always understand why or how they may be responsible to a claimant. This is particularly the case for small businesses...

 

HTMLThe Superior Court of Pennsylvania Just Made It a Whole Lot Easier to Blame the Surgical Sponge
Grant W. Cannon; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
February 26, 2015, previously published on December 1, 2014
All surgeries involve some risk that something adverse to the patient’s interests may occur. One risk common to almost any surgical procedure is the risk of an object being left within the patient after the surgery is complete. In order to reduce the risk of this happening, hospitals have...

 


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