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Defense Digest

Volume/Digest Number
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Author
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Volume 22, No. 2, June 2016

Offices: Philadelphia, Pennsylvania •
Practice Areas: Aviation and Complex Litigation Authors: J. Bruce McKissock
By J. Bruce McKissock, Esq.* The Aviation & Complex Litigation Practice Group at Marshall Dennehey is led by three attorneys with a combined experience of over 70 years in litigating aviation-related matters. One member of the team is a..., Defense Digest, Vol 22, No. 2, June 2016 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 legal...
Offices: King of Prussia, Pennsylvania •
Authors: Wendy J. Bracaglia
By Wendy J. Bracaglia, Esq.* To many people, King of Prussia means shopping. But just as captivating are King of Prussia’s ties to our country’s history. At Valley Forge National Park, which is only minutes away from our office, George Washington’s..., Defense Digest, Vol 22, No. 2, June 2016 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 legal...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law
By David J. Oberly, Esq.* Key Points: In New Breed Logistics, the Sixth Circuit Court of Appeals significantly expanded the scope of “protected” activity under the opposition clause of Title VII’s retaliation provision. Now, simply saying “no”..., Defense Digest, Vol. 22, No. 2, June 2016 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 legal...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Gregory J. Kelley
By Gregory J. Kelley, Esq.* The False Information Need Not Be Expressly Misrepresented, and How Specific the Allegations Must Be Remains Subjective Key Points: A contractor’s claim against a design professional for additional costs on a project..., Defense Digest, Vol. 22, No. 2, June 2016 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability Authors: Kyle M. Heisner
By Kyle M. Heisner, Esq.* Key Points: F.R.E. 502(d) was enacted to reduce the risk of waiving privilege or protection associated with producing voluminous documents or e-discovery. A properly tailored 502(d) order will allow a party to clawback..., Defense Digest, Vol. 22, No. 2, June 2016 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: General Liability
By Gregory D. Speier, Esq.* Key Points: Businesses, property owners, insurers and defense counsel should take appropriate measures to preserve video surveillance any time the potential for litigation exists. Failing to secure and preserve a..., Defense Digest, Vol. 22, No. 2, June 2016 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Hospitality and Liquor Liability
By Teagan S. Allen, Esq.* Key Points: Eyewitness testimony is not required to establish that a licensed alcoholic beverage server violated the New Jersey Dram Shop Act. The “relation back” opinion of a toxicologist remains insufficient on its..., Defense Digest, Vol. 22, No. 2, June 2016 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 legal...

Volume 22, No. 1, March 2016

Offices: Philadelphia, Pennsylvania •
Authors: G. Mark Thompson
By G. Mark Thompson, Esq., Member, Executive Committee “I have always thought that what is needed is the development of people who are interested not in being leaders as much as developing leadership in others..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Health Care Liability
By Michael S. Levenson, Esq.* Key Points: Medical records are generally admissible under the business records exception to the hearsay ban. Under N.J.R.E. 808, opinions of treating doctors are considered “expert opinions” and are generally..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Kristin E. Shicora
By Kristin E. Shicora, Esq.* Key Points: Sliker v. National Feeding Systems, Inc., et al. is a notable post-Tincher decision dealing with evidentiary issues at trial for defendants in strict product liability claims. A user’s negligence is..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
By Robert J. Fitzgerald, Esq.* Key Points: A petitioner who cannot return to work may be eligible for permanent/total disability benefits. The Second Injury Fund pays benefits when pre-existing conditions partly contribute to a petitioner’s..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Professional Liability Authors: Nicole M. Ehrhart
By Nicole M. Ehrhart, Esq.* Key Points: The attorney-client privilege is the oldest of the privileges. A client can easily waive the privilege by placing the advice of counsel at issue in litigation.   The United States District Court for..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Environmental & Toxic Tort Litigation Authors: Lila Wynne
By Lila T. Wynne, Esq.* Key Points: Assignment of insurance policies was allowed despite the fact that there were “no assignment” clauses in the policies and the insurers did not consent. Once a loss occurs, a policy may be assigned without an..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation
By David J. Oberly, Esq.* Key Points: Inferred intent doctrine infers intent of insured to cause harm in certain limited circumstances. Where inferred intent doctrine applies, coverage is precluded under intentional acts exclusion. In Ohio,..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Jacksonville, Florida •
Authors: Martin Sitler
By Martin H. Sitler, Esq.* I often boast to anyone who will listen that the Jacksonville, Florida office has the most beautiful view of any of our offices. Our fourteenth floor space is nestled in the center of downtown Jacksonville and overlooks..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Casualty Department Tony Michetti (Doylestown, PA) obtained a defense verdict at arbitration in a slip and fall matter where the plaintiff was a tenant in an 89-unit apartment complex who claimed that the defendant owner failed to properly maintain..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
In this first-party breach of contract case against an insurer, Shane Haselbarth (Philadelphia, PA) succeeded in obtaining a unanimous victory in the Pennsylvania Superior Court, affirming the judgment for Marshall Dennehey’s client. The corporate..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Colleen Bannon (Philadelphia, PA), shareholder and director of Legal Information Resources, has been appointed a Vice-Chair of the Philadelphia Bar Association’s Federal Courts Committee. The committee serves as an informational liaison between the..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Moosic, Pennsylvania •
Practice Areas: Automobile Liability Authors: John T. McGrath Jr., Michael R. Speer
By John T. McGrath, Esq. & Michael R. Speer, Esq.* Marshall Dennehey Warner Coleman & Goggin’s Automobile Liability Practice Group is the oldest and most storied practice area in our firm. It is made up of lawyers from each of our 20 offices..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Automobile Liability Authors: John T. McGrath Jr., Michael R. Speer
By John T. McGrath, Esq. & Michael R. Speer, Esq.* Marshall Dennehey Warner Coleman & Goggin’s Automobile Liability Practice Group is the oldest and most storied practice area in our firm. It is made up of lawyers from each of our 20 offices..., Defense Digest, Vol 22, No. 1, March 2016 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 legal...

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