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Defense Digest

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Volume 23, No. 4, December 2017

Offices: Cleveland, Ohio •
Practice Areas: Long-Term Care Liability Authors: Leslie M. Jenny
Defense Digest, Vol. 23, No. 4, December 2017 By Leslie M. Jenny, Esq.* Key Points: Nursing homes face complicated risk management scenarios that make residents far more susceptible to injury or accident than the average patient. Nursing homes are..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Automobile Liability Authors: Jessica D. Wachstein
Defense Digest, Vol. 23, No. 4, December 2017 By Jessica D. Wachstein, Esq.* Key Points: A standard PIP policy can include five different policy limit options. Medical expenses over and above any limited PIP policy can be admissible at the time of..., Defense Digest, Vol. 23, No. 4, December 2017. 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: General Liability Authors: Douglas J. Kent
Defense Digest, Vol. 23, No. 4, December 2017 By Douglas J. Kent, Esq.* Key Points: Insurers are increasingly using drones to evaluate claims, reduce costs and cut cycle time. Drones present a variety of risks and potential exposures. To limit..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
Defense Digest, Vol. 23, No. 4, December 2017 By David J. Oberly, Esq.* Key Points: EEOC recently updated enforcement guidance on national origin discrimination. The new guidance will be heavily relied upon by the EEOC in its investigation of..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Amusements, Sports and Recreation Liability Authors: Jonathon E. Cross
Defense Digest, Vol. 23, No. 4, December 2017 By Jon E. Cross, Esq. Key Points: Interscholastic coaches and schools have a duty to remove from play any athlete who shows signs of a concussion, and they cannot permit such an athlete to return until..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Kiara K. Han
Defense Digest, Vol. 23, No. 4, December 2017 By Kiara K. Han, Esq. Key Points: If an injury occurs outside of work hours, it will only be compensable if the petitioner is performing a mutually beneficial act. As long as there is a mutually..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Joan Orsini Ford
Defense Digest, Vol. 23, No. 4, December 2017 By Joan Orsini Ford, Esq.* Key Points: Scampone v. Grane Healthcare Co., 11 A.3d 967 (Pa.Super. 2010) established corporate liability for nursing homes. Scampone v. Grane Healthcare Co., 2017 Pa.Super...., Defense Digest, Vol. 23, No. 4, December 2017. 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: Thomas A. Brophy
Defense Digest, Vol. 23, No. 4, December 2017 By Thomas A. Brophy, Esquire, President and CEO   There are places I remember All my life, though some have changed Some forever, not for better Some have gone and some remain All these places have their..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Professional Liability Authors: Timothy R. Stienstraw
Defense Digest, Vol. 23, No. 4, December 2017 By Timothy R. Stienstraw, Esq. Key Points: A recent opinion holds that attorneys are obligated to take collectability of a potential judgment into account when pursuing litigation in Pennsylvania. The..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Employment Law Authors: Ronda K. O'Donnell
Defense Digest, Vol. 23, No. 4, December 2017 By Ronda K. O’Donnell, Esq.* Employment law claims are the stories of headlines, often costing companies big money, win or lose. Every employment case involves a unique set of highly emotional facts—one..., Defense Digest, Vol. 23, No. 4, December 2017. 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, Teresa Ficken Sachs
Defense Digest, Vol. 23, No. 4, December 2017 by Christopher E. Dougherty, Esq. We in senior management frequently talk about—and are very proud of—the culture of our firm. That culture is generated and sustained by teamwork, unselfishness, trust,..., The MDWCG Difference By Terry Sachs In more than 30 years of practice, I have been at a large firm, a small “boutique” firm and a mid-size firm. I’ve seen first-hand that each firm develops its own environment, or “personality.” The personality of..., Defense Digest, Vol. 23, No. 4, December 2017. 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...
CASUALTY DEPARTMENT Samuel Higginbottom (Tampa, FL) obtained an entry of final summary judgment on behalf of our client, a managing entity for state- and federally-funded mental health services for the indigent population of the Tampa Bay region...., Defense Digest, Vol. 23, No. 4, December 2017. 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. 23, No. 4, December 2017 Shane Haselbarth (Philadelphia, PA) obtained a unanimous, precedential decision in the Third Circuit reversing a federal district court’s denial of qualified immunity for our police officer clients. The..., Defense Digest, Vol. 23, No. 4, December 2017. 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. 23, No. 4, December 2017 RECOGNITION Tom Wagner (Philadelphia, PA) has been recognized by The Best Lawyers in America organization as the Philadelphia region’s 2018 “Lawyer of the Year” in the area of Personal Injury Litigation..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Butler Buchanan III
Defense Digest, Vol. 23, No. 4, December 2017 By Butler B. Buchanan, III, Esq. The Philadelphia office of Marshall Dennehey Warner Coleman & Goggin is the headquarters of the firm. With 140 attorneys and over 230 non-lawyer employees, this..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Securities and Investments Professional Liability Authors: Timothy G. Ventura
Defense Digest, Vol. 23, No. 4, December 2017 By Timothy G. Ventura, Esq. Key Points: A fiduciary duty may arise in the context of consumer transactions, only if one party cedes decision-making control to the other party. Reliance on another’s..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Kathleen M. Kramer, Daniel H. Tran
Defense Digest, Vol. 23, No. 4, December 2017 By Kathleen Kramer, Esq. & Daniel H. Tran, Esq.* Key Points: Pennsylvania Supreme Court mandated that the physician involved in the procedure at issue obtain informed consent. The duty to obtain..., Defense Digest, Vol. 23, No. 4, December 2017. 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: Maria A. Ciccotelli
Defense Digest, Vol. 23, No. 4, December 2017 By Maria A. Ciccotelli, Esq.* Key Points: Even deliberate, intentional and misguided actions can be considered to be within a claimant’s course and scope of employment under the Pennsylvania Workers’..., Defense Digest, Vol. 23, No. 4, December 2017. 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 23, No. 3, September 2017

Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Robert W. Stanko
Defense Digest, Vol. 23, No. 3, September 2017 By Robert W. Stanko, Esq.* Key Points: Challenges to jurisdiction present difficulties for large, corporate defendants. U.S. Supreme Court has recently provided guidance relating to standards for..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
Defense Digest, Vol. 23, No. 3, September 2017 By David J. Oberly, Esq.* Key Points: Even when a worker has exhausted all of his or her leave under the FMLA, the worker may still be entitled to leave as an accommodation under the ADA. Employers..., Defense Digest, Vol. 23, No. 3, September 2017. 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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