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Defense Digest

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Author
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Volume 25, No. 3, September 2019

Offices: Jacksonville, Florida •
Practice Areas: Insurance Agents & Brokers Liability Authors: Caitlin A. Polly
Defense Digest, Vol. 25, No. 3, September 2019 By Caitlin A. Polly, Esq.* Key Points: The Assignment of Benefits has been a problematic feature of Florida insurance law. House Bill 7065 sets forth new requirements to regulate Assignment of..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Mount Laurel, New Jersey •
Practice Areas: Professional Liability Authors: Jeremy J. Zacharias
Defense Digest, Vol. 25, No. 3, September 2019 By Jeremy J. Zacharias, Esq.* Key Points: Appellate Division affirmed orders enforcing an arbitration award to a plaintiff after its defense attorney failed to use the New Jersey eCourts filing..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Roseland, New Jersey •
Practice Areas: General Liability Authors: Josie A. Scanlan
Defense Digest, Vol. 25, No. 3, September 2019 By Josie A. Scanlan, Esq.* Key Points: A tool to utilize for summary judgment and leverage for settlement. Defendants are given reasonable amount of time to clear weather conditions on their..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Douglas C. LaSota
Defense Digest, Vol. 25, No. 3, September 2019 By Douglas C. LaSota, Esq. & Benjamin R. Wright, Esq.* Key Points: Under 35 P.S. § 7210.501, municipalities were required to adopt and enforce the UCC as their municipal building code...., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Health Care Liability Authors: Kevin E. Osborne
Defense Digest, Vol. 25, No. 3, September 2019 By Kevin E. Osborne, Esq.* Key Points: Known risks and complications of a surgical procedure are admissible in a medical malpractice case to help establish the standard of care and to determine if..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Authors: Howard P. Dwoskin
Defense Digest, Vol. 25, No. 3, September 2019 By Howard P. Dwoskin, Esq.* I have had the privilege of serving in a management role at Marshall Dennehey for over 20 years. Every day, I am proud to learn more about our talented colleagues. I have..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Defense Digest, Vol. 25, No. 3, September 2019 Awards Thomas Brophy (Philadelphia, PA) was the recipient of two recent awards recognizing his professional excellence and lifetime achievement in the legal profession. On June 4, 2019, Tom received the..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Defense Digest, Vol. 25, No. 3, September 2019 Casualty Department Matthew Gray (Melville, NY) successfully argued and obtained a full dismissal in an arbitration matter filed against our client, an insurance company. ​A surgical center in New..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Roseland, New Jersey •
Authors: Christopher E. Dougherty, Christopher B. Block
Defense Digest, Vol. 25, No. 3, September 2019 By Christopher E. Dougherty, Esq., Chairman of the Board of Directors This is the fifth piece in a series discussing the positive culture of Marshall Dennehey Warner Coleman & Goggin. As I have..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 25, No. 3, September 2019 Thomas Specht of our Scranton, Pennsylvania office obtained Superior Court affirmance of a trail court order that had granted judgment on the pleadings to our clients—a real estate company, the..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Wilmington, Delaware •
Authors: Kevin J. Connors
Defense Digest, Vol. 25, No. 3, September 2019 By Kevin J. Connors, Esq.* Marshall Dennehey opened its Delaware office in 1995 as a natural forum for expansion of its multi-faceted defense practice. Delaware, the home of many Fortune 100 and 500..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Privacy and Data Security Authors: David J. Shannon
Defense Digest, Vol. 25, No. 3, September 2019 By David J. Shannon, Esq.* Data breach and privacy claims are now a daily occurrence in the lives of millions of Americans. These incidents lead to incredibly high costs and public relations disasters..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability Authors: John C. Farrell
Defense Digest, Vol. 25, No. 3, September 2019 By John C. Farrell, Esq. and Nathaniel C. Simon, Esq.* Key Points: It is a common approach that a party defending a medical malpractice case will have two or more experts from different medical..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Wilmington, Delaware •
Practice Areas: Workers' Compensation Authors: Paul V. Tatlow
Defense Digest, Vol. 25, No. 3, September 2019 By Paul V. Tatlow, Esq.* Key Points: Delaware Superior Court examined whether a settlement offer in the context of a termination petition could foreclose an award of attorney’s fees to the claimant..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: New York, New York •
Practice Areas: General Liability Authors: Dean G. Aronin
Defense Digest, Vol. 25, No. 3, September 2019 By Dean G. Aronin, Esq.* Key Points: Written and executed confidentiality agreements can be enforceable under New York law. Actual damages must be proven from the breach of a confidentiality..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 25, No. 3, September 2019 By Robert J. Fitzgerald, Esq.* Key Points: In order to avoid the workers’ compensation bar, a claimant must prove an intentional wrong. To meet his or her burden, a claimant must prove egregious or..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: New York, New York •
Practice Areas: Maritime Litigation Authors: Jay A. Hamad, Daniel G. McDermott
Defense Digest, Vol. 25, No. 3, September 2019 By Jay A. Hamad, Esq. & Daniel G. McDermott, Esq.* Key Points: Punitive damages no more: Supreme Court of the United States holds no recovery for punitive damages on unseaworthiness claims. A..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Wilmington, Delaware •
Practice Areas: General Liability Authors: Jessica L. Tyler
Defense Digest, Vol. 25, No. 3, September 2019 By Jessica L. Tyler, Esq.* Key Points: Waivers for one’s own negligence are upheld in Delaware if clear, not unconscionable, and not against public policy. Whether a waiver of reckless behavior is..., Defense Digest, Vol. 25, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation Authors: Tiffany J. Giangiulio
Defense Digest, Vol. 25, No. 3, September 2019 by Tiffany J. Giangiulio, Esq.* Key Points: Several large jury verdicts related to the weed killer, Round Up, have recently been awarded. Federal preemption remains a possible defense in these type..., Defense Digest, Vol. 25, No. 3, September 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...

Volume 25, No. 2, June 2019

Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Ashley S. Talley
Defense Digest, Vol. 25, No. 2, June 2019 By Ashley S. Talley, Esq.* Key Points: Apply Baxter when there is an aggravation of an unrelated pre-existing condition and Little when the pre-existing condition is work-related. It is irrelevant...,   Defense Digest, Vol. 25, No. 2, June 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...

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