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Defense Digest

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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...
Offices: Mount Laurel, New Jersey •
Practice Areas: Environmental & Toxic Tort Litigation Authors: Kevin T. Bright
Defense Digest, Vol. 24, No. 4, December 2018 By Kevin T. Bright, Esq.* Key Points: Proof of a “discharge” under the Spill Act can be based upon indirect or circumstantial evidence. A plaintiff in a Spill Act contribution action need not point..., 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: Privacy and Data Security Authors: David J. Shannon
Defense Digest, Vol. 24, No. 4, December 2018 Marshall Dennehey is proud to be one of the four founding law firm members of the Insurance Law Global (ILG) network, a multi-jurisdiction legal network that provides global services to insurance..., 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: Pittsburgh, Pennsylvania •
Practice Areas: General Liability Authors: Patricia A. Monahan
Defense Digest, Vol. 24, No. 4, December 2018 By Patricia A. Monahan, Esq.* Key Points: Meaning and effect of having been served in Pennsylvania with a Writ of Summons. Strategy considerations for the defendant served with a Writ of Summons..., 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: Rye Brook, New York •
Practice Areas: Health Care Liability Authors: Charles T. Gura
Defense Digest, Vol. 24, No. 4, December 2018 By Charles T. Gura, Esq.* Key Points: Through “Lavern’s Law,” New York has extended its medical malpractice statute of limitations in failure to diagnose cancer cases by applying a date of discovery..., 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 •
Authors: Howard P. Dwoskin
Defense Digest, Vol. 24, No. 4, December 2018 By Howard P. Dwoskin, Esq.* Thanksgiving is, by far, my favorite holiday of the year. Crisp air, the smell of pies baking, delicious roast turkey, and football on TV—what’s not to love? It also makes for..., 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: Tampa, Florida •
Authors: Michael G. Archibald
Defense Digest, Vol. 24, No. 4, December 2018 By Michael G. Archibald, Esq.* Marshall Dennehey opened its Tampa, Florida, office in 2000. We are located just minutes away from MacDill Air Force Base, home to United States Central Command. Panoramic..., 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: King of Prussia, Pennsylvania •
Practice Areas: Long-Term Care Liability Authors: T. Kevin FitzPatrick, Robin B. Snyder
Defense Digest, Vol. 24, No. 4, December 2018 By T. Kevin FitzPatrick, Esq. & Robin B. Snyder, Esq.* Our Health Care Department has many experienced lawyers who are accomplished in handling law suits in the ever-changing landscape of long-term..., 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...
Defense Digest, Vol. 24, No. 4, December 2018 Casualty Department Andrew Rhoads (Harrisburg, PA) prevailed on preliminary objections, resulting in the dismissal of a punitive damages claim that was based upon allegations of texting while driving...., 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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 24, No. 4, December 2018 Audrey Copeland (King of Prussia, PA) obtained the Commonwealth Court’s affirmance of the trial court’s entry of judgment notwithstanding the verdict in favor of the City of Philadelphia in a fall down..., 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...
Defense Digest, Vol. 24, No. 4, December 2018 Recognition John Hare (Philadelphia, PA) was selected a "Best of the Bar" honoree by the Philadelphia Business Journal in the category of Business Litigation for his appellate work. The award recognizes..., 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: Pittsburgh, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation Authors: Ryan M. Krescanko
Defense Digest, Vol. 24, No. 4, December 2018 By Ryan M. Krescanko, Esq.* Key Points: The Fair Share Act applies to Pennsylvania asbestos cases. Liability is apportioned on a non-per capita basis to negligent and strict liability tortfeasors..., 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: Pittsburgh, Pennsylvania •
Practice Areas: General Liability Authors: John F. Deasy
Defense Digest, Vol. 24, No. 4, December 2018 By John F. Deasy, Esq.* Key Points: How to use blood alcohol content evidence in civil cases. When to hire a toxicologist expert. Questions the toxicologist expert needs to answer so blood alcohol..., 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: Consumer Financial Services Litigation & Compliance Authors: Arthur F. Wheeler
Defense Digest, Vol. 24, No. 4, December 2018 By Arthur F. Wheeler, Esq.* Key Points: The New Jersey Consumer Fraud Act applies to realtors. The Act provides a safe harbor provision if shown that the realtor had no actual knowledge of the false..., 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...

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...

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