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Marshall Dennehey Warner Coleman & Goggin, P.C. Document Search Results (125)

 

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HTMLFederal Judge Applies "Bare Metal Defense" Under PA Law
Joshua D. Scheets; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
Judge Eduardo Robreno of the USDC for EDPA issued a thorough and searching analysis of the applicability of what has been termed the "bare metal defense" under Pennsylvania law and predicted how Pennsylvania courts would determine this issue in the current absence of appellate authority...

 

HTMLSummary Judgment Reversed on Plaintiff's Jones Act Claims
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court reversed orders from the Philadelphia Court of Common Pleas granting summary judgment in favor of defendants Arco and Sunoco on the basis that evidence existed that the plaintiff was exposed to asbestos aboard vessels operated by the defendants and that the plaintiff...

 

HTMLSuperior Court Rules Tincher Applies to Failure to Warn Cases
Timothy D. Rau; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 16, 2015, previously published on July 16, 2015
The Pennsylvania Superior Court recently issued an opinion deciding a number of issues in the consolidated appeal of Amato v. Crane/Vinciguerra v. Crane, 2015 PA Super. 83. The cases were appeals from jury verdicts of $2.5 million and $2.3 million that were tried in Philadelphia in February 2013...

 

HTMLConstruction Cases: Statute of Repose Commences When the Contract, Not the Construction, Is Completed
Robert Garcia; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The appellant condominium complex filed suit against various defendants for construction defects. The appellee subcontractor moved to dismiss the appellant’s claims on the basis that they were filed outside the ten-year statute of repose. Pursuant to section 95.11(3)(c), Fla. Stat., an action...

 

HTMLU.S. Supreme Court Holds That Courts Are Permitted To Judicially Review Whether the EEOC Fulfilled Its Duty to Attempt Conciliation Prior to Initiating a Lawsuit
Lee C. Durivage; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
A woman filed a Charge of Discrimination against Mach Mining, alleging that its failure to hire her as a coal miner constituted gender discrimination. The EEOC later found that “reasonable cause” existed that the company had discriminated against a class of women who also applied for...

 

HTMLHospital’s Board Meeting Minutes May Be Protected by Attorney-Client and Peer Review Privileges, But a Department of Health Investigation is Not Privileged
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
Michael Yocabet received a kidney transplant from Christina Mecannic. Prior to the transplant, Yocabet did not have Hepatitis C. It was determined after the surgery that UPMC had transplanted a Hepatitis C-infected kidney from Mecannic. As a result of the transplant, the Department of Health (DOH)...

 

HTMLA Reservation of Rights Letter is Ineffective When it is Untimely and Not Specifically Addressed to the Additional Insured
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 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 because they were addressed to the named insureds and were sent seven months after the underlying complaint had...

 

HTMLConsider Leaving Informed Consent Claims in Your Case to Bolster Your Defense
Daniel Dolente; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 14, 2015, previously published on July 6, 2015
The Pennsylvania Supreme Court ruled that, generally, a patient’s informed consent to the risks of treatment is irrelevant in a case sounding in only medical negligence. The Supreme Court, however, refused to adopt the Superior Court’s bright line ruling that all aspects of informed...

 

HTMLClarification of the Premises Rule in the Context of Injuries Occurring During Ingress and Egress from Work
Dario J. Badalamenti; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on July 6, 2015
The petitioner parked her car in the parking garage of the office building in which she worked for the respondent, one of five tenants in the multi-story. While in the lobby, she tripped and fell into an elevator, injuring her knee.

 

HTMLPennsylvania Superior Court Further Limits the Limited Tort Defense
Patrick M. Carey; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
July 13, 2015, previously published on June 1, 2015
After criticizing the reasoning behind a decision it rendered in 1997, the Pennsylvania Superior Court opted to follow that flawed logic when deciding the recent limited-tort case of Varner-Mort v. Kapfhammer, 109 A.3d 244 (Pa.Super. 2015). In that case, Donna Varner-Mort was involved in an...

 


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