Advertising Disclosure Email Disclosure

Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 22, No. 1, March 2016

Offices: Melville, New York •
Practice Areas: General Liability
By Robert A. Faller, Esq.* Key Points: A trivial defect in a walking surface is generally not actionable. Since facts and circumstances dictate the outcome, a defendant must develop the record. “In sum, there are no shortcuts to summary..., 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...

Volume 21, No. 4, December 2015

Offices: Cincinnati, Ohio •
Practice Areas: General Liability
By Matthew Hamm, Esq.*   Key Points: O.R.C. § 2323.44 went into effect on September 28, 2015. The statute codifies the “Made Whole” doctrine in Ohio and applies regardless of policy language to the contrary. Be aware of attempts by those who..., Defense Digest, Vol 21, No. 4, December 2015 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
By Thomas A. Brophy, Esquire, President & CEO Further Thoughts On Legal Auditing In the last column that I wrote for this publication, I said, “There had to be a better way” than the current process of bill review wherein bill auditors analyze..., Defense Digest, Vol 21, No. 4, December 2015 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: Insurance Coverage/Bad Faith Litigation
By Cristin A. Cavanaugh, Esq.*   Key Points: Pennsylvania law prohibits insurers from providing coverage for directly imposed punitive damages. Punitive damages awarded in the underlying case are not properly considered compensable damages in a..., Defense Digest, Vol 21, No. 4, December 2015 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
By Denis C. Dice, Esq.*   Key Points: Bond suitability and misrepresentation claims are on the horizon. Proper client counseling and disclosure documentation will be critical to defend these claims.   Interest rates have been at an all..., Defense Digest, Vol 21, No. 4, December 2015 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: Insurance Coverage/Bad Faith Litigation Authors: Jane Ennis Kane
By Jane E. Kane, Esq.*   Key Points: Pennsylvania’s Act 86 was enacted in response to indiscriminate cancellation of commercial liability insurance policies and requires insurers to provide 60 days’ notice in advance of canceling or non-..., Defense Digest, Vol 21, No. 4, December 2015 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: Insurance Coverage/Bad Faith Litigation
By David J. Oberly, Esq.*   Key Points The exercise of jurisdiction by district courts under the Federal Declaratory Judgment Act, 28 U.S.C § 2201 is not mandatory and “at times the better exercise of discretion favors abstention.” The Sixth..., Defense Digest, Vol 21, No. 4, December 2015 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: Robin M. Romano
By Robin M. Romano, Esq,*   Key Points: A peer review doctor may be immune from testifying under the Pennsylvania Workers’ Compensation Act, Section 306(f)(2)(5). Witness immunity under the Pennsylvania Workers’ Compensation Act extends to..., Defense Digest, Vol 21, No. 4, December 2015 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: General Liability
By Jessica L. Lanifero, Esq.*   Key Points: Utmost care is needed when evaluating and preparing proposals for settlement. Failure to strictly comply with Florida Statute § 768.79 and Florida Rule of Civil Procedure § 1.442 may result in either..., Defense Digest, Vol 21, No. 4, December 2015 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: Roseland, New Jersey •
Practice Areas: General Liability
By Gregory D. Speier, Esq.*   Key Points: “Mode of Operation” doctrine may apply to accidents occurring beyond the area where the self-service activity takes place and may apply even without evidence of customer carelessness. Key to the..., Defense Digest, Vol 21, No. 4, December 2015 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 Meg Kelly (Scranton, PA) obtained a defense verdict in a recent binding arbitration in Lackawanna County, Pennsylvania. The plaintiffs, an elderly couple in their 80s, were crossing the street from a parking lot to go to their daughter’s..., Defense Digest, Vol 21, No. 4, December 2015 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
Shane Haselbarth (Philadelphia, PA) obtained a judgment in the Court of Appeals for the Eleventh Circuit affirming the entry of judgment as a matter of law by the Middle District of Florida in favor of Marshall Dennehey’s client, an employer with a..., Defense Digest, Vol 21, No. 4, December 2015 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...
Marshall Dennehey received the “Distinguished Defense Firm Award” at the annual meeting of the Pennsylvania Defense Institute (PDI). The inaugural award honors a civil defense firm devoted to professionalism, dedication to the practice of law,..., Defense Digest, Vol 21, No. 4, December 2015 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: Asbestos and Mass Tort Litigation Authors: Daniel J. Ryan Jr.
By Daniel J. Ryan, Jr., Esq.* Litigation related to asbestos injuries is one of the longest-running mass torts in United States history. Marshall Dennehey’s Asbestos and Mass Tort Litigation Practice Group has been involved since a flood of this..., Defense Digest, Vol 21, No. 4, December 2015 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: Camp Hill, Pennsylvania •
By Timothy J. McMahon, Esq.* More than 30 years ago, Marshall Dennehey began serving the firm’s clients in central Pennsylvania from our Harrisburg office, which currently has over 20 attorneys, including 11 shareholders. Consistent with our..., Defense Digest, Vol 21, No. 4, December 2015 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
By Robyn A. Shelton, Esq.*   Key Points: Sterling reinforces that even claims of direct exposure do not meet Pennsylvania’s standard without evidence of frequent and regular contact with the defendant’s product. Co-worker testimony that does..., Defense Digest, Vol 21, No. 4, December 2015 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: Lori O. Strauss
by Lori O. Strauss, Esq.*   Key Points: Mediation in workers’ compensation cases eliminates the uncertainty of an outcome determined by a judge. Several strategies can help to ensure a successful mediation.   In 2006, an amendment to the..., Defense Digest, Vol 21, No. 4, December 2015 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: Camp Hill, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Christopher J. Conrad
By Christopher J. Conrad, Esq.*   Key Points: Absent certain statutory exceptions, parents have two years from the date they knew or should have known of a violation of the IDEA to request a due process hearing through the filing of an..., Defense Digest, Vol 21, No. 4, December 2015 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
By Candace D. Embry, Esq.*   Key Points Use of temporary or contract workers has increased in workplaces nationwide. Contractual agreements that name the supplying organization as sole employer of temporary workers may not be sufficient to..., Defense Digest, Vol 21, No. 4, December 2015 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: Product Liability Authors: Vlada Tasich
By Vlada Tasich, Esq.*   Key Points: Tincher v. Omego Flex left the future of Pennsylvania product liability law in limbo. “Targeted advocacy” since Tincher has yielded positive gains for defendants. Pennsylvania strict liability law is in a..., Defense Digest, Vol 21, No. 4, December 2015 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...

Pages

Before you send this email please note:

You are attempting to send email, through a link on our website, to an attorney of Marshall Dennehey Warner Coleman & Goggin or an employee in our firm. Please note that your email may not be treated as confidential and does not create an attorney-client relationship. You should not rely upon the transmission of an email through this website if you are seeking to enter into such a relationship. Until such time as we have agreed to represent you, no information in your email will be treated as confidential. Please contact us directly by telephone at 1.800.220.3308 if it is your intent to seek legal counsel with our firm or convey confidential information.

If it is still your intent to send this email, knowing that it may not be treated as confidential, you may accept our terms of agreement by pressing "OK". If you choose not to accept these terms of agreement you may navigate away from this page by pressing "Cancel."