Volume 15, No. 3, September 2009
- On The Pulse...Profile Of Cherry Hill Office
By Richard L. Goldstein, Esq.
The Township of Cherry Hill, New Jersey, lies five miles east of Philadelphia. The area's original inhabitants were the Lenni-Lenape Native Americans who lived peacefully among some of the followers of William Penn... - On The Pulse...Marshall, Dennehey, Warner, Coleman & Goggin Amusements, Sports & Entertainment Practice Group
By Lary I. Zucker, Esq.
Marshall Dennehey's Amusement, Sports & Entertainment Practice Group is nationally recognized for our depth and experience in a wide range of amusement, sports and leisure risks, including sports and amusement facilities, arenas and concert venues, professional, amateur and sports teams, theme parks, water parks, carnivals, skating rinks, bowling centers, gyms... - Message From The Executive Committee
By Thomas A. Brophy, Esq., President & CEO
As our clients know, the law of business is very competitive. At Marshall, Dennehey we understand... - Delaware - Workers' Compensation
Not Every Slip And Fall In Delaware Leads Down The Slippery Slope Of Entitlement To Workers' Compensation
By Paul V. Tatlow, Esq.
In Delaware, as in most jurisdictions, the Workers' Compensation Act is the exclusive remedy between employers and employees for workplace injuries. In return for the employee being entitled to compensation, including wage loss and medicals... - Federal - FMLA
Recent Changes To The FMLA: Addition Of Military Leave
By Sunshine J. Miller, Esq.
The Family and Medical Leave Act (FMLA), which became effective on August 5, 1993, provides eligible employees with up to 12 work weeks of unpaid leave per year. On January 28, 2008, President George W. Bush signed in law H.R. 4986, the National Defense Authorization Act... - Florida - Civil Procedure
Is The "Fraud On The Court" Doctrine Eroding In Florida?
By Robert A. Kingsford, Esq.
With the explosion of personal injury litigation in this country over the last two decades, the legitimacy of many injury claims is suspect. Injury claimants have been known to lie about their medical histories, extent of injuries, disabilities, and other facts to enhance their case values... - Florida - Contract Damages
Hold That Clause!! The Third District Court Of Appeal Addresses Limits Of Liability Clauses
By Sangeeta Spengler, Esq.
A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of liability... - New Jersey - Bad Faith
Discovery In Bad Faith Litigation - Avoiding Irreparable Prejudice To An Insurer?
By George C. Deeney, Esq.
In the area of bad faith litigation, courts across the country have repeatedly been faced with the question of whether to sever an underlying breach of contract claim from its companion bad faith assertion... - New Jersey - Dram Shop
Two Recent New Jersey Supreme Court Cases Provide Limits On Liability Of Taverns
By Gerald L. Creighton, Jr., Esq.
This year, the New Jersey Supreme Court has handed down two key decisions pertaining to New Jersey's "Dram Shop Act" that provide limits on the duty a licensed seller of alcoholic beverages has towards patrons of the legal drinking age... - On The Pulse...Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Victories
- On The Pulse...Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- On The Pulse...Other Notable Achievements
- New Jersey - Workers' Compensation
Be Careful Using The "We Are Not The Last Employer" Defense
By Kristy N. Olivo, Esq.
Arguably, the most litigated issue in New Jersey workers' compensation court is whether additional permanent disability is caused by a petitioner's continued employment or by the natural progression of an earlier work-related accident... - Pennsylvania - Civil Liability
A Chink In The Armor Of Workers' Compensation Immunity: Pennsylvania Superior Court Finds Narrow Exception To Workers' Compensation Immunity
By Frank A. Baker III, Esq.
In a recent Pennsylvania Superior Court case, the court ruled that the exclusivity provision of the Workers' Compensation Act does not preclude a claim by the plaintiff against his employer for spoliation of evidence... - Pennsylvania - Civil Procedure
In Order To Pursue, Plaintiffs Must First Plead: Pennsylvania Supreme Court Reigns In Sua Sponte Validation Of Unpled Claims
By Lauren M. Burnette, Esq.
The Pennsylvania Supreme Court recently tempered the ability of courts to search a plaintiff's complaint for the existence of a cause of action - even one not raised by the plaintiff himself - for the purpose of determining that the plaintiff's claim is timely... - Pennsylvania - Coverage
What's Your Active Malfunction? Insured Denied Coverage For Contractual Claims Of Poor Workmanship
By Joanna D. Buchanico, Esq.
Every day sellers of goods and services negotiate with customers for sales contracts. What if a seller was not forthright with a customer during these contract negotiations and the product failed to meet the customer's expectations of good workmanship?... - Pennsylvania - Emotional Distress Damages
Pennsylvania Appellate Court Rules That Emotional Distress Damages May Be Recoverable Without Proof Of Physical Impact Or Medical Documentation
By Rebecca Magyar, Esq.
Recently, the Pennsylvania Superior Court ruled upon one of the elements of an abuse of process claim, i.e. harm to the plaintiff, finding that the harm element could be met by merely using the plaintiff's testimony to show that they are upset by the filing of a petition for appointment of a guardian ad litem pertaining to their minor son...
