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Defense Digest

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Author
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Volume 25, No. 1, March 2019

Offices: King of Prussia, Pennsylvania •
Practice Areas: Professional Liability, Health Care Liability , General Liability Authors: David J. Krolikowski
Defense Digest, Vol. 25, No. 1, March 2019 Click to read article:  An Analysis of Commonly Used Statistics to Aid in the Development of Frye and Daubert Challenges     *Dave is a shareholder in our King of Prussia, Pennsylvania office. He can be..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Pittsburgh, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Daniel W. Deitrick
Defense Digest, Vol. 25, No. 1, March 2019 By Daniel W. Deitrick, Esq.* Key Points: For purposes of subrogation under Section 319 of the Pennsylvania Workers’ Compensation Act, the Supreme Court held that the future credit/reimbursement rate..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Jacksonville, Florida •
Practice Areas: Workers' Compensation Authors: Linda Wagner Farrell
Defense Digest, Vol. 25, No. 1, March 2019 By Linda Wagner Farrell, Esq.* Key Points: Recent evidentiary order seeks to limit substantive content of ex parte conferences with authorized treating providers. Judge ruled the employer or its..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Camp Hill, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Andrew T. Rhoads
Defense Digest, Vol. 25, No. 1, March 2019 By Andrew T. Rhoads, Esq.* Key Points: Courts have issued conflicting decisions as to what constitutes bad faith. Two recent decisions of the U.S. District Court for the Middle District of Pennsylvania..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Practice Areas: General Liability Authors: Joan P. Depfer
Defense Digest, Vol. 25, No. 1, March 2019 By Joan P. Depfer, Esq.* Key Points: Limited tort litigation is defensible, and there are strategies available for a successful defense at every step of the case. Shape a defense with creative use of..., Defense Digest, Vol. 25, No. 1, March 2019. 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. 25, No. 1, March 2019 By Christopher E. Dougherty, Esq. Chairman, Executive Committee “Never be too big to do the small things that need to be done.” Having crossed over the New Year threshold, and similar to what individuals do..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Practice Areas: Professional Liability Authors: Timothy R. Ryan
Defense Digest, Vol. 25, No. 1, March 2019 By Timothy R. Ryan, Esq.* Key Points: A new rule of court reduces the impact of the Affidavit of Merit Statute by mandating courts to hold a case management conference to address discovery issues and..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 25, No. 1, March 2019 By Robert J. Fitzgerald, Esq.* Key Points: Employers have a right of subrogation to recover workers’ compensation benefits paid as a result of a negligent third party. When an injured employee fails to..., Defense Digest, Vol. 25, No. 1, March 2019. 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: King of Prussia, Pennsylvania •
Practice Areas: Retail Liability Authors: Michael S. Miller, Jr.
Defense Digest, Vol. 25, No. 1, March 20196 by Michael S. Miller, Jr., Esq.* Key Points It is not “reasonable conduct” for a business invitee to pay attention to product shelves rather than the floor in front of her. A business invitee must..., Defense Digest, Vol. 25, No. 1, March 2019. 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. 25, No. 1, March 2019 Casualty Department Brooks Foland (Harrisburg, PA) received a defense verdict from a Schuylkill County, Pennsylvania jury in a case involving an accident on a haunted hayride and a claim of Complex Regional..., Defense Digest, Vol. 25, No. 1, March 2019. 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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 25, No. 1, March 2019 John Hare (Philadelphia, PA) filed an amicus curiae brief for the Pennsylvania Defense Institute urging the Pennsylvania Supreme Court to reverse two lower court decisions that deprived the defendant school..., Defense Digest, Vol. 25, No. 1, March 2019. 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. 25, No. 1, March 2019 2019 Shareholder Class and Special Counsel Promotions We are pleased to announce that 13 associates and two special counsel have been elevated to shareholder. Additionally, the firm has promoted four..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Doylestown, Pennsylvania •
Practice Areas: Hospitality and Liquor Liability Authors: R. Anthony Michetti
Defense Digest, Vol. 25, No. 1, March 2019 By R. Anthony Michetti, Esq.* Your insured operates a bar, restaurant or hotel. A significant amount of revenue generated by the business is from the sale of alcohol. Through a license issued by the..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Rye Brook, New York •
Authors: James P. Connors
Defense Digest, Vol. 25, No. 1, March 2019 By James P. Connors, Esq.* The Westchester County, New York, office is among the newest at Marshall Dennehey, having opened in July of 2014. At the time, it was staffed with five attorneys, two..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Practice Areas: Automobile Liability Authors: Patrick J. Furlong
Defense Digest, Vol. 25, No. 1, March 2019 By Patrick J. Furlong, Esq.* Key Points: Pennsylvania Supreme Court to consider whether policy language requiring insured seeking benefits to submit to insurer medical examination violates the..., Defense Digest, Vol. 25, No. 1, March 2019. 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...

Volume 24, No. 4, December 2018

Offices: Camp Hill, Pennsylvania •
Practice Areas: School Leaders' Liability Authors: Lara K. Bream
Defense Digest, Vol. 24, No. 4, December 2018 By Lara K. Bream, Esq.* Key Points: Immorality, under 24 P.S. § 11-1122, can be found following a tenured employee’s DUI arrest. Judge v. Shikellamy Sch. Dist., 2017 U.S.Dist. LEXIS 65694 (M.D.Pa...., Defense Digest, Vol. 24, No. 4, December 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: Commercial Litigation Authors: Jeremy J. Zacharias
Defense Digest, Vol. 24, No. 4, December 2018 By Jeremy J. Zacharias, Esq.* Key Points: New Jersey Supreme Court holds that an attorney’s pledge of anticipated counsel fees can be considered an account receivable. When an anticipated counsel..., Defense Digest, Vol. 24, No. 4, December 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: Jacksonville, Florida •
Practice Areas: Maritime Litigation Authors: Corey J. Portnoy
Defense Digest, Vol. 24, No. 4, December 2018 By Corey J. Portnoy, Esq.* Key Points: Class action waivers in maritime contracts are enforceable. The owner, manager or master of a vessel can limit its liability under federal maritime law. Cruise..., Defense Digest, Vol. 24, No. 4, December 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. 4, December 2018 By Robert J. Fitzgerald, Esq.* Key Points: In order to properly cancel a workers’ compensation insurance policy, the carrier must follow the statutory requirements of N.J.S.A. 34:15-81. A carrier’s..., Defense Digest, Vol. 24, No. 4, December 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: Workers' Compensation Authors: Michael R. Duffy
Defense Digest, Vol. 24, No. 4, December 2018 By Michael R. Duffy, Esq.* Key Points: Workers’ Compensation Appeal Board’s opinion nullifies the reasonable diligence of Section 311 of the Act. Claimants must show they exercised reasonable..., Defense Digest, Vol. 24, No. 4, December 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...

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