Volume 18, No. 1, March 2012
Offices: Philadelphia, Pennsylvania •
On the Pulse...
Walter Kawalec (Cherry Hill, NJ) obtained reversal of the denial of summary judgment on the grounds of qualified immunity in the Third Circuit Court of Appeals in a case that had been argued by an outside law firm in the district..., Defense Digest, Vol. 18, No. 1, March 2012
Offices: Hauppauge, New York •
Authors: Anna M. DiLonardo
On the Pulse...
On October 1, 2011, the newest and easternmost addition to the Marshall Dennehey Warner Coleman & Goggin family of offices opened. The Hauppauge, New York, office became the third Marshall Dennehey office in New York and became "...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability •
Authors: Keith D. Heinold, Eric A. Weiss
On The Pulse...
For almost four decades, Marshall Dennehey Warner Coleman & Goggin has maintained an experienced and sophisticated group of trial attorneys involved in product liability litigation. The product liability landscape has evolved...
Offices: Jacksonville, Florida •
Practice Areas: Professional Liability •
Authors: James M. Gonzalez
Florida – Professional Liability
Key Points:
Florida’s Third District held that professionals could not, as a matter of law, contractually limit their liability for professional services.
Accordingly, Florida professionals should review their...
Offices: Harrisburg, Pennsylvania •
Practice Areas: General Liability •
Authors: Allison L. Krupp
Federal – Civil Practice / E-Discovery
Key Points:
The computerized process of predictive coding is an appealing option in today's computer age.
Due to the lack of case law discussing the subject, predictive coding may have difficulty finding...
Offices: Roseland, New Jersey •
Practice Areas: Health Care Liability •
Authors: Eric L. Grogan
New Jersey – Health Care Liability
Key Points:
Defendants in medical malpractice cases must now include in their answer the field of medicine in which the physician specializes and whether the treatment of the plaintiff involved that specialty...
Volume 17, No. 4, December 2011
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation •
Authors: Lori O. Strauss
Pennsylvania – Workers' Compensation, Key Points:
Court finds that the date medical bills are paid is not the date of service that controls for Supersedeas Fund reimbursement.
Insurers should provide proof of payment date and service date for each medical payment made.
Bundling..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability •
Authors: Aaron E. Moore
Pennsylvania – Attorney Liability, Key Points:
Liability for aiding and abetting a breach of a fiduciary duty has never been imposed on an attorney in Pennsylvania who merely provided legal representation to his client.
Pennsylvania courts have not expressly precluded such..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Cherry Hill, New Jersey •
Practice Areas: Workers' Compensation •
Authors: Kristy Olivo Salvitti
New Jersey - Workers' Compensation, Key Points:
The court interprets N.J.S.A 34:15-7.2, dealing with cardiovascular claims and what "in excess of the wear and tear of the claimant's daily living" means.
Previously, it was held that a petitioner's activity at work had to be in..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Elizabeth A. Pope
Pennsylvania – Health Care Liability, Key Points:
Certification of merit filed by a non-practicing physician who is also an attorney is insufficient to meet the standard.
Certification by unqualified physician subject to sanctions.
A recent Philadelphia Court of Common Pleas..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Edward M. Galang
Pennsylvania – Health Care, Key Points:
A case of first impression regarding the payment of the proportionate share of counsel fees on future medical damages pursuant to Section 509 of Mcare Act.
The Sayler Court determined that medical defendants are not responsible..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Philadelphia, Pennsylvania •
Practice Areas: Employment Law •
Authors: Stephanie K. Rawitt
Federal - Employment Law, Key Points:
GINA protects the privacy of genetic testing results.
Employers are prohibited from acting in a discriminatory manner through the improper collection and/or use of genetic information.
Employers should comply with GINA's..., Defense Digest, Vol. 17, No. 4, December 2011
The oppressive days of summer are now long behind us, together with the seemingly steady weekend rain followed by Hurricane Irene together with other storms. What does this mean for the firm? Once Labor Day arrives, so does the busiest time of the..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Cherry Hill, New Jersey •
Practice Areas: Insurance Coverage/Bad Faith Litigation
New Jersey – Insurance Coverage, Key Points:
Potential expansion of duty to defend in New Jersey.
Is the four corner rule in jeopardy?
New Jersey has traditionally been viewed as a four corners jurisdiction with respect to the duty to defend. The four corners doctrine..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Cherry Hill, New Jersey •
Practice Areas: Fraud/Special Investigation •
Authors: Jeffrey G. Rapattoni
Florida – SIU/Fraud, Key Points:
The court's misinterpretation of a carrier's policy language will be short lived based upon past precedents from across the country.
The best advice is to wait and see before engaging in a protocol revision.
A recent Florida..., Defense Digest, Vol. 17, No. 4, December 2011
Casualty
Ralph Bocchino and Kaitlin DeCrescio (Philadelphia, PA) obtained a motion for summary judgment from Judge Messiah-Jackson. The case involved an automobile accident where the plaintiff allegedly suffered serious injuries, multiple..., Defense Digest, Vol. 17, No. 4, December 2011
Trial counsel Kate McGrath and Audrey Copeland, both of our King of Prussia, Pennsylvania, office, obtained the Superior Court's affirmance of the trial court's order denying post trial motions in a medical malpractice claim which Kate tried to a..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Cleveland, Ohio •
Authors: Samuel G. Casolari Jr.
On August 1, 2011, Marshall Dennehey Warner Coleman & Goggin opened a new office in Cleveland, Ohio. Marshall Dennehey's new Ohio office is located on Cleveland's historic Public Square, readily accessible to Cleveland's cultural and commercial..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: New York, New York •
Practice Areas: Maritime Litigation •
Authors: Daniel G. McDermott
What is maritime law? The terms "maritime" and "admiralty" are frequently used interchangeably. "Admiralty" refers to the body of law and procedures that govern matters related to the carriage of goods or passengers on the high seas and navigable..., Defense Digest, Vol. 17, No. 4, December 2011
Offices: Cherry Hill, New Jersey •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Dana C. Argeris
New Jersey - Insurance Coverage, Key Points:
An indemnitee was not entitled to reimbursement of defense costs when the indemnitor secured summary judgment and the clause required a finding of negligence.
A question left open--when a business invitee alleged negligence by the..., Defense Digest, Vol. 17, No. 4, December 2011
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