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Defense Digest

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Volume 24, No. 3, September 2018

Offices: Orlando, Florida •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Joey M. Chindamo
Defense Digest, Vol. 24, No. 3, September 2018 By Joey M. Chindamo, Esq.* Key Points: The term “surviving spouse” in the Wrongful Death Act is determined on the date of the other spouse’s death, not on the date of injury. The Fifth DCA...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 24, No. 3, September 2018 by Robert J. Fitzgerald, Esq.* Key Points: New Jersey workers’ compensation allows bifurcated trial procedures to tackle preliminary issues without the need to address a final conclusion on..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: New York, New York •
Practice Areas: General Liability Authors: Dean G. Aronin
Defense Digest, Vol. 24, No. 3, September 2018 By Dean G. Aronin, Esq.* Key Points: New York plaintiffs are no longer required to prove the absence of comparative negligence as a prerequisite to obtaining partial summary judgment. The court..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Authors: G. Mark Thompson
Defense Digest, Vol. 24, No. 3, September 2018 By G. Mark Thompson, Esq., President & CEO This fall my youngest son begins law school at the University of Florida. His Mom and I are proud of him but surprised how many folks respond to our...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Roseland, New Jersey •
Practice Areas: Health Care Liability Authors: Nicholas A. Rimassa
Defense Digest, Vol. 24, No. 3, September 2018 By Nicholas A. Rimassa, Esq.* Key Points: New Jersey Appellate Devision explores distinctions between medical malpractice cases based upon deviation from applicalbe standard of care and lack of...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Moosic, Pennsylvania •
Authors: John T. McGrath Jr.
Defense Digest, Vol. 24, No. 3, September 2018 By John T. McGrath, Jr., Esq.* The Scranton office of Marshall Dennehey Warner Coleman & Goggin has been open for over 25 years. Presently, there are 21 attorneys who call this office home. Of those...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty, Norman L. Haase
Defense Digest, Vol. 24, No. 3, September 2018 By Christopher E. Dougherty, Esq.* This is the third piece in a series discussing the positive culture of Marshall Dennehey Warner Coleman & Goggin. As I have previously noted, I try to share..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest, Vol. 24, No. 3, September 2018 Casualty Department Jason Banonis (Allentown, PA) obtained summary judgment in favor of a defendant homeowner in the Court of Common Pleas of Lehigh County, Pennsylvania. The plaintiff alleged..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 24, No. 3, September 2018 In a workers’ compensation Fee Review appeal, Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to create a new standard for review as to what constitutes “a significant and...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Roseland, New Jersey •
Practice Areas: General Liability Authors: Matthew S. Schorr
Defense Digest, Vol. 24, No. 3, September 2018 By Matthew S. Schorr, Esq.* Marshall Dennehey’s Casualty Department is the largest of the firm’s four legal departments, comprising nearly half of our 500+ attorneys and 100+ paralegals. Our casualty...,     Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to...
Defense Digest, Vol. 24, No. 3, September 2018 Special Appointments Elizabeth Ferguson (Jacksonville, FL) was sworn in as president elect of the Jacksonville Bar Association on June 20, 2018. Karen Grethlein (King of Prussia, PA) is one of only 11...,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Construction Injury Litigation Authors: Colin J. O'Brien
Defense Digest, Vol. 24, No. 3, September 2018 By Colin J. O’Brien, Esq.* Key Points: Court reaffirms that OSHA violations do not establish negligence per se. OSHA regulations may establish a duty of care in a negligence suit. OSHA compliance..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Doylestown, Pennsylvania •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Michele P. Frisbie
Defense Digest, Vol. 24, No. 3, September 2018 By Michele P. Frisbie, Esq.* Key Points: Signed recreational releases, such as those required by gyms, are valid and enforceable. These releases can benefit not only the facility, but also other..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Wilmington, Delaware •
Practice Areas: General Liability Authors: Lisa M. Grubb
Defense Digest, Vol. 24, No. 3, September 2018 By Lisa M. Grubb, Esq.* Key Points: New Civil Rule of Procedure, Rule 16.1 calls for mandatory non-binding arbitration in civil actions meeting certain criterion and that are valued below $50,000....,   Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Tampa, Florida •
Authors: Michael J. Bradford
Defense Digest, Vol. 24, No. 3, September 2018 By Mike Bradford, Esq.* Key Points: The federal Death on the High Seas Act (DOHSA) applies to deaths that occur “on the high seas” more than three nautical miles from the shores of the United..., Defense Digest, Vol. 24, No. 3, September 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...

Volume 24, No. 2, June 2018

Offices: Pittsburgh, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Alexander B. Possino
Defense Digest, Vol. 24, No. 2, June 2018 By Alexander B. Possino, Esq.* Key Points: Plaintiff’s civil suit is barred due to exclusivity of workers’ compensation remedy because he had entered into Agreement for Compensation with employer....,   Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Fort Lauderdale, Florida •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Michael A. Packer
Defense Digest, Vol. 24, No. 2, June 2018 By Michael A. Packer, Esq.* Key Points: Homeowners “all risks” policy exclusionary clause regarding “constant or repeated seepage over a period of 14 days or more” interpreted by Florida’s 5th District..., Some variation of the exclusionary clause, “constant or repeated seepage over a period of 14 days or more,” appears in almost every homeowners policy issued in Florida. Its purpose is clear—to control and limit liability for a continuous leak and to..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty
Defense Digest, Vol. 24, No. 2, June 2018 By Christopher E. Dougherty, Esq.* Talkin’ ‘bout Their Generation Recently, I had one of those “senior moments.” I left my cell phone on the hood of my car while grabbing a few extra items before pulling out..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Roseland, New Jersey •
Authors: Justin F. Johnson
Defense Digest, Vol. 24, No. 2, June 2018 By Justin F. Johnson, Esq.* As the relatively new managing attorney of the Roseland office, when I was asked to provide a summary and some insights of the inner workings of our local office, my first..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest, Vol. 24, No. 2, June 2018 Casualty Department Following oral argument heard en banc, the Delaware Supreme Court issued an opinion upholding the application of the Continuing Storm Doctrine, resulting in the affirmation of the lower..., Defense Digest, Vol. 24, No. 2, June 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

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