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Marshall Dennehey Warner Coleman & Goggin, P.C. Document Search Results (74)

 

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Adobe PDFHabits Can Be a Hindrance
David W. Henry; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 24, 2016, previously published on August 2016
One of the many wonderful features of mediation is the ability to improvise and the freedom of constraints. There are few rules but many habits. Conducting a joint session and breaking off into a private caucus is a common habit. But sometimes the parties need to hear one another, or the lawyers or...

 

HTMLPolice Officer Didn’t Commit Willful Misconduct and He is Entitled to Indemnification by the City under PA Political Subdivision Tort Claims Act, But It Does Not Absolve Him from Liability for Assault, Battery, False Imprisonment/Arrest Claims.
Paul G. Lees; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
A Philadelphia police officer was sued in state court for assault, battery and false imprisonment arising out of his actions in striking and arresting the plaintiff during an encounter involving the plaintiff’s son. The plaintiff learned his son was being detained by police officers. When he...

 

HTMLDelaware Superior Court Will Overturn the Board’s Award of Attorney’s Fees Only for an Abuse of Discretion
Paul V. Tatlow; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
After a serious work injury, the claimant received compensation benefits that included several permanencies. He later filed a petition seeking to add the back as an additional body part, which was withdrawn without prejudice since the medical bills at issue were already paid by the carrier. The...

 

HTMLA Viable Fetus Can Recover for Conscious Pain and Suffering under Pennsylvania’s Survival Act
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
Judge Nealon of the Lackawanna County Court of Common Pleas held that a board-certified neonatal and perinatal medicine expert is competent to render an opinion that a fetus at 33.4 weeks gestation is sufficiently developed for conscious perception of pain. Defense counsel filed a motion in limine...

 

HTMLClaimant is Not Entitled to Payment of Wage Loss and Medical Benefits from the Uninsured Employers Guaranty Fund until Notice to the Fund Is Given by the Claimant
Francis X. Wickersham; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
After learning the employer did not have workers’ compensation insurance, the claimant filed a notice of claim against the Uninsured Employers Guaranty Fund (Fund), and he later filed a claim petition against the Fund.

 

HTMLInsurer with the Right to Settle or Litigate Claims against their Insureds is Held Responsible for Plaintiff’s Attorney’s Fees and Costs Pursuant to Rejected Proposal for Settlement.
Jonathan E. Kanov; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
August 3, 2016, previously published on July 19, 2016
Geico challenged the final judgment in an automobile insurance case holding it liable to pay the injured plaintiff’s attorney’s fees and costs. On behalf of its insured, Geico had rejected the plaintiff’s proposal for settlement pursuant to §§ 768.79, Fla. Stat. and Fla....

 

HTMLPetitioner Ordered to Be Weaned Off of Psychotherapy Treatment
Elizabeth A. Dietz; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 19, 2016
As a result of work-related injuries and surgery to her knee, the petitioner suffered chronic left knee pain, anxiety and depression. The Judge of Compensation order that Dr. S be authorized as the petitioner’s treating psychiatrist. Three years later, the respondent filed a motion to...

 

HTMLThe Heightened Standard for Expert Testimony under MCARE Only Applies to Medical Doctors Licensed by the State Board of Medicine
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 19, 2016
The Superior Court was faced with the issue of whether a board-certified orthopedic surgeon met the qualification requirements of the MCARE Act to render a standard of care opinion against a board-certified podiatrist. Under MCARE, an expert testifying on a medical matter must: (1) possess a...

 

HTMLAn Attorney Can Be Liable for the Plaintiff’s Attorneys’ Fees in a Legal Malpractice Action if the Attorney Intentionally Breached His Fiduciary Duty as Trustee and Escrow Agent, even though the Attorney Was Not Acting As the Plaintiff’s Attorney
Timothy R. Ryan; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 19, 2016
The plaintiff and his former spouse (a citizen of Spain) were in a contested divorce proceeding for custody of their daughter, a dual citizen of the United States and Spain. With the aid of counsel, both parties entered into an agreement that the daughter’s passport would be held in escrow...

 

HTMLParty Not Entitled to Counsel Fees for Either Negotiations or Litigation Involving Access Agreement for Remediation on Residential Property
Kevin T. Bright, Lila Wynne; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 28, 2016, previously published on July 14, 2016
In State Farm Fire and Casualty Insurance Company v. Florkiewicz, 2008 N.J. Super. Unpub. LEXIS 572 (App. Div. 2008), State Farm Fire and Casualty Insurance Co. appealed from a judgment which granted Marion Florkiewicz’s application for counsel fees incident to the negotiation of an access...

 


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