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

 







Document(s) published by this organization: 89


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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...

 

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...

 

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...

 

HTMLPennsylvania Supreme Court Upholds Wrongful Birth Statute
John C. Farrell, Laura J. Persun; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In 1988, the Pennsylvania General Assembly passed Act 47 into law, which contained multiple pieces of legislation, many of which did not relate to each other. For instance, Act 47 repealed the Post-Conviction Hearing Act and enacted the Post-Conviction Relief Act in its place. It also conferred the...

 

HTMLBootstrapping Expert Testimony - Restrictions on Using Records from a Treating Physician to Challenge Plaintiff’s Expert at Trial
Michael S. Levenson; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
The opinions of a treating physician can be persuasive evidence on causation and damages, often carrying great weight with a jury. However, even treating doctors are considered “experts,” and limits are placed on using their “reports” at trial in the absence of live...

 

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...

 

HTMLPennsylvania Supreme Court Limits Attorneys’ Fees in Peer Review Cases
Katharine Mooney; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 7, 2016, previously published on March 1, 2016
In Doctor’s Choice Physical Medicine & Rehabilitation Center, P.C. v. Travelers Personal Ins. Co., 2015 Pa. LEXIS 3010 (Pa. Dec. 21, 2015), the Pennsylvania Supreme Court addressed the availability of attorneys’ fees in the first-party personal injury context. The court reversed the...

 

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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