Volume 16, No. 2, June 2010
- On The Pulse...Profile Of Our NY2 Office
By Daniel G. McDermott, Esq. & Matthew S. Schorr, Esq.
Office windows overlooking the South Street Seaport and the Brooklyn Bridge, which spans the East River between Manhattan and Brooklyn, provide a perfect nautical setting for MDWC&G's new addition to the firm... - On The Pulse...Profile Of Our Healthcare Liability Department
By Kate S. McGrath, Esq.
Marshall, Dennehey, Warner, Coleman & Goggin has been providing defense representation in the area of healthcare liability for over 40 years... - Message From The Executive Committee
By Thomas A. Brophy, Esq., President & CEO
The term "Value Added Services" is often used by client who are asking what we are willing to do for them aside from defending them in a specific litigation... - Federal - Employment Law
The Perfect Storm - Changes To ADA And Increased EEOC Enforcement Signal Trouble For Employers
By Christopher P. Boyle, Sr., Esq.
The Perfect Storm. A combination of factors, great and small, signals trouble for employers throughout the country. Recent changes to the Americans with Disabilities Act ("ADA")... - Florida - Settlements
Florida's Proposals For Settlement In Dangerous Instrumentality Cases
By Michael G. Archibald, Esq.
The Proposal for Settlement/Offer of Judgment can be a good tool to assist a plaintiff in becoming realistic about the value of his or her case. Florida Statute 768.79 is Florida's Offer of Judgment Statute which is implemented... - New Jersey - Affidavit Of Merit
A Liberal Interpretation Of The Affidavit Of Merit Statute In New Jersey
By Philip J. Anderson, Esq.
In a New Jersey malpractice action, choosing the proper expert to provide an affidavit of merit can be complicated. The affidavit of merit statute requires that in any medical malpractice action the plaintiff must provide each defendant with an expert's affidavit within 60 days after the filing of defendant's answer... - New Jersey - Workers' Compensation
Determining Who's Liable: Analyzing Causation And Liability Issues When There Are Multiple Carriers, Employers And/Or Claims
By Angela Y. DeMary, Esq.
If you are a practitioner in the area of workers' compensation, you cannot avoid one day being involved in a multi-respondent or multi-claim situation where it seems almost impossible to determine who, if anyone, is liable for the alleged injuries... - New York - Discovery
Expert Disclosure In New York: Navigating The Potential Pitfalls To Avoid Preclusion
By Steven M. Christman, Esq.
CPLR §3101(d)(1)(i), which governs expert disclosure in New York, reads in pertinent part as follows: Upon request, each party shall identify each person who the party expects to call as an expert witness at trial... - On The Pulse...Important & Interesting 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
- Ohio - Premises Liability
Open, Obvious & Ohio
By Samuel G. Casolari, Esq.
In Lang v. Holly Hill Motel, Inc., 2009-Ohio-2495, the Ohio Supreme Court held that the open and obvious doctrine may be asserted as a defense to a claim of liability arising from a violation of Ohio's basic building code... - Ohio - Premises Liability - Dog Bites
Two Bites At The Apple
By Samuel G. Casolari, Esq.
In Beckett v. Warren, 2008-Ohio-4689, the Ohio Supreme Court held that a plaintiff, in the same case, may pursue claims under both R.C. 955.28 and common law negligence for a dog bit cause of action... - Pennsylvania - Class Action
The Class Action Lacks Class
By Jeffrey P. Bates, Esq.
In January 2010, the Pennsylvania Superior Court took the relatively bold step of affirming the trial court and decertifying a class action in the case of Clark v. Pfizer, Inc... - Pennsylvania - Premises Liability
"Steel" Victorious: A Steel Mill Owner Is Not Liable To Former Employees Injured Six Years After The Owner Sold The Mill
By James A. Bosakowski, Esq.
In the recent case of Gresik et al. v. Pa. Partners, LP, 2009 Pa Super 253, 2009 Pa. Super LEXIS 4984, the defendant PA Partners, L.P. owned a steel mill in Somerset County, Pennsylvania from December 1983 until December 1988. PA Partners modified the mill... - Pennsylvania - Product Liability
The General Standards Of OSHA And ANSI Do Not Preempt State Tort Claims Against Product Manufacturers In Pennsylvania
By Claire B. Ventola, Esq.
In Kiak v. Brown Equipment Corporation, 2010 PA Super 13; 2010 Pa. Super LEXIS 18 (Pa. Super. 2010), the Superior Court of Pennsylvania held that the Occupational Safety and Health Act of 1970 does not preempt a plaintiff's state common law tort claim against a forklift manufacturer for its failure to install audible warning alarms on its forklift when the throttle is placed in neutral... - Pennsylvania - Workers' Compensation
Notice This: The Commonwealth Court Relaxes The Requirements For The Notice Of Ability To Return To Work Form (LIBC-757)
By Shannon P. Fellin, Esq.
In two recent cases, the Pennsylvania Commonwealth Court has reduced the burden on the employer/carrier with regard to the issuance of the Notice of Ability to Return to Work form (LIBC-757)...
