Volume 17, No. 1, March 2011
Authors: Kate S. McGrath
It is with great pleasure and pride that I write to update you regarding the developments in our Health Care Liability Practice Group at Marshall, Dennehey, Warner, Coleman & Goggin. Over the past five years, our attorney "bench," historically..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Jacksonville, Florida •
Practice Areas: Architectural, Engineering and Construction Defect Litigation •
Authors: John Viggiani
Florida - Construction,
Key Points:
Does a general contractor need more then just a building license?
Potential liability issues or exposure for a GC actually doing work on a job site without the appropriate license.
Is the failure to have an..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Joan Orsini Ford
Pennsylvania - Health Care Liability,
Key Points:
Nurses are competent to offer expert causation testimony in a medical malpractice case.
The Supreme Court overruled Flanagan v. Labe.
Freed opens the door for nursing experts to testify in medical negligence actions..., Defense Digest, Vol. 17, No. 1, March 2011
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Casualty
Edward Gagain (Tampa, FL) obtained a defense verdict in a federal jury trial in the Southern District of Florida. The plaintiff sustained a compression fracture in her lower back during a fall at our client's store and claimed the store was..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Kimberly Boyer-Cohen (Philadelphia, PA) and John Hare (Philadelphia, PA) successfully obtained an affirmance from the Pennsylvania Superior Court of a jury verdict for the defendant insurer in an insurance coverage case. The insurer had denied the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Harrisburg, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Kimberly Boyer-Cohen (Philadelphia, PA) and John Hare (Philadelphia, PA) successfully obtained an affirmance from the Pennsylvania Superior Court of a jury verdict for the defendant insurer in an insurance coverage case. The insurer had denied the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Cherry Hill, New Jersey •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Kimberly Boyer-Cohen (Philadelphia, PA) and John Hare (Philadelphia, PA) successfully obtained an affirmance from the Pennsylvania Superior Court of a jury verdict for the defendant insurer in an insurance coverage case. The insurer had denied the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Kimberly Boyer-Cohen (Philadelphia, PA) and John Hare (Philadelphia, PA) successfully obtained an affirmance from the Pennsylvania Superior Court of a jury verdict for the defendant insurer in an insurance coverage case. The insurer had denied the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Moosic, Pennsylvania •
Practice Areas: Medicare Set-Aside, Workers' Compensation •
Authors: James E. Pocius, Ross A. Carrozza
Medicare Law Practice Group
The Medicare Set Aside Practice Group is centered in the Scranton, Pennsylvania, office of Marshall Dennehey Warner Coleman & Goggin and is chaired by James E. Pocius, with Ross A. Carrozza as vice-chairman. Both Jim..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Jacksonville, Florida •
Authors: Martin Sitler
Jacksonville, which is centered on the banks of the St. Johns River in northeast Florida, is the largest city in area in the continental United States and is a rapidly growing metropolitan city with approximately 850,000 residents. The city's..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Pittsburgh, Pennsylvania •
Practice Areas: Long-Term Care Liability •
Authors: Michele V. Primis
Pennsylvania – Long-Term Care,
Key Points:
The expansion of corporate negligence to skilled nursing facilities provides a separate avenue for plaintiff's attorneys to hold nursing facilities directly liable for patient care.
A finding of corporate negligence and..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Cleveland, Ohio •
Practice Areas: Workers' Compensation •
Authors: Samuel G. Casolari Jr., Beau D. Hollowell
Ohio - Workers' Compensation,
Key Points:
The Ohio Legislature enacts a statute limiting an employee's recovery in workplace intentional tort cases.
After striking down the Legislature's first two attempts, the Ohio Supreme Court finds the third attempt to be the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Harrisburg, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation •
Authors: Donald L. Carmelite, Allison M. Domday
Federal - Civil Rights,
Key Points:
Encouraging police to seek legal advice serves such a salutary purpose as to constitute a thumb on the scale in favor of qualified immunity.
There is no clearly established right to videotape police officers during traffic..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: Edward J. Tuite
Pennsylvania – Uninsured Motorist Coverage,
Key Points:
An insurer can be held liable for delay damages in an Uninsured Motorist claim in excess of its policy limits.
Delay damages are to be calculated on the gross jury verdict award and not on the molded verdict reflecting the..., Defense Digest, Vol. 17, No. 1, March 2011
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation •
Authors: Robin M. Romano
Pennsylvania - Workers' Compensation,
Key Points:
The Day and Robinson cases solidify the burden of proof in voluntary retirement cases to the employer's advantage.
Specifically, once the evidence establishes that an employee has taken a retirement, the burden shifts to..., Defense Digest, Vol. 17, No. 1, March 2011
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Key Points:
The Business Judgment Rule prevents a court from calling upon directors to account for their actions, no matter how poor their business judgment.
The rule traditionally served to protect corporate directors and officers..., Defense Digest, Vol. 17, No. 1, March 2011
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Volume 16, No. 4, December 2010
New Jersey - Long-Term Care,
Key Points:
Federal Arbitration Act, which declares arbitration provision in contracts "valid, irrevocable, and enforceable," preempts the public policy of this state as expressed by the Legislature in N.J.S.A. 30: 13-8.1, a key component of..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Privacy and Data Security •
Authors: Eric A. Packel, Nicolai A. Schurko
Federal – Technology & Intellectual Property,
Key Points:
11.1 million adults were victims of identity theft in 2009, suffering a combined $54 billion in total fraud, leading to potential claims against the entities that exposed the individuals to identity theft.
Data breaches..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Cherry Hill, New Jersey •
Practice Areas: Professional Liability •
Authors: Arthur F. Wheeler
New Jersey - Attorney Ethics,
Key Points:
Under New Jersey Rule of Professional Conduct 1.9(a) a lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which that client's..., Defense Digest, Vol. 16, No. 4, December 2010
It is hard to believe that we are preparing for the winter holiday season. It seems just a short time ago we were experiencing an almost unprecedented hot summer, and here we are preparing for winter. As such, I thought it appropriate to relay what..., Defense Digest, Vol. 16, No. 4, December 2010
