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Defense Digest

Volume/Digest Number
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Author
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Volume 21, No. 2, June 2015

Offices: Doylestown, Pennsylvania •
Authors: R. Anthony Michetti
Marshall Dennehey’s Bucks County office is located in Doylestown, Pennsylvania, the county seat. Bucks County is just north of Philadelphia, Pennsylvania and is one of the three original counties founded by William Penn in 1682. Steeped in history,...,   Defense Digest, Vol. 21, No. 2, June 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 legal...
Casualty Department Christopher Santoro, Christine Dower, Carol VanderWoude and John Hare (Philadelphia, PA) successfully convinced the Pennsylvania Superior Court, sitting en banc, to reverse a $14.5 million verdict in an asbestos case on two bases..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Carol VanderWoude (Philadelphia, PA) and Shane Haselbarth (Philadelphia, PA) succeeded in obtaining an affirmance by the Court of Appeals for the Third Circuit of a judgment as a matter of law for Marshall Dennehey’s client, an insurance company...., Defense Digest, Vol. 21, No. 2, June 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 legal...
Buck Buchanan (Philadelphia, PA) was named Chairman of the Philadelphia Bar Association’s Campaign for Qualified Judges. In this capacity, he will oversee donations and fundraising initiatives in support of those deemed qualified by the Philadelphia..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Erie, Pennsylvania •
Practice Areas: Automobile Liability Authors: Patrick M. Carey
Key Points: The statute of limitations in limited tort actions does not begin to run until the plaintiff realizes he has sustained a serious injury. The date of commencement of the statute of limitations in a limited tort action may be an issue..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Workers' Compensation Authors: Rachel A. Ramsay-Lowe
Key Points: Currently, there is no set legal remedy for respondents when a medical provider does not provide responses to discovery in a medical provider claim. Proposal indicates that medical provider claims may be dismissed for noncompliance..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability
Key Points Presenting informed consent information to a jury in a case based solely upon medical negligence could result in a mistrial. It may be advantageous to litigate an informed consent claim at trial where the patient signed a written..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: Property Litigation
Key Points: Under Florida law, prejudice to an insurer is presumed upon the breach of a notice provision. The policyholder must notify a carrier about a potential claim when the loss is perceived, even if the extent of the damage is unknown..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Health Care Liability
By Laura J. Persun, Esq.* Key Points: Superior Court overturns longstanding precedent in Pennsylvania. A new trial based on damages testimony is not warranted when the fact-finder finds for the defendant on the basis that there is no negligence...,   Defense Digest, Vol. 21, No. 2, June 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: Health Care Liability
Key Points: Superior Court overturns longstanding precedent in Pennsylvania. A new trial based on damages testimony is not warranted when the fact-finder finds for the defendant on the basis that there is no negligence and, therefore, no..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Retail Liability
Key Points: Recent New Jersey cases have expanded the applicability of the Mode of Operation Doctrine. Oral argument before the New Jersey Supreme Court in Prioleau v. Kentucky Fried Chicken, Inc. indicates that the plaintiff’s bar wants the..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation
Key Points: Medical marijuana may be deemed reasonable and necessary medical treatment. Find out if a doctor is licensed to prescribe medical marijuana before authorizing treatment.   Marijuana has been making headlines across the country..., Defense Digest, Vol. 21, No. 2, June 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 legal...

Volume 21, No. 1, March 2015

Offices: Philadelphia, Pennsylvania •
Authors: Thomas A. Brophy
There Has To Be a Better Way As 2013 drew to a close, one of our senior shareholders notified me of his intention to retire. This attorney was very successful, both within the firm and outside the firm. He had served on the firm’s Board of Directors..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Keith D. Heinold, John J. Hare
Key Points: Azzarello overruled. Third Restatement rejected. Pennsylvania product liability law destined for years of uncertainty.   After years of waiting, the Pennsylvania Supreme Court finally decided in November 2014 what the product..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Wilmington, Delaware •
Practice Areas: Asbestos and Mass Tort Litigation, Product Liability Authors: Joshua D. Scheets
Key Points Pennsylvania’s new product liability standard, as announced in Tincher v. Omega Flex, Inc., is at least partly inspired by California case law. Under California’s product liability standard, the “bare metal defense” applies when..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability Authors: Joseph L. Hoynoski III
Key Points: Certificates of merit are important to assist the hospital in determining the identities of the alleged agents for whom the hospital may be vicariously liable in a medical malpractice case. While Pennsylvania law is conflicting, the..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Jonathon E. Cross
Key Points: Sports camps and athletic organizations are often targets of personal injury lawsuits. The no-duty rule and assumption of the risk are viable defenses. Several factors exist to assist in reducing the risk of liability.   For..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation
Key Points: Ohio Supreme Court clarified Ohio law regarding coverage for intentional acts in Allstate v. Campbell. Campbell held that the doctrine of inferred intent invokes an insurance policy’s intentional acts exclusion where an insured’s..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability , General Liability Authors: Angeline C. Panepresso
Key Points: The Philadelphia Court of Common Pleas rejected the argument that all medical doctors are qualified to testify concerning medical subjects simply by virtue of their license or degree. Absent specialized knowledge of the particular..., Defense Digest, Vol. 21, No. 1, March 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Commercial Litigation
Key Points: The Supreme Court of New Jersey has authorized a complex business litigation program. Starting January 1, 2015, complex commercial and complex construction cases may be eligible for the program. The program includes a threshold..., Defense Digest, Vol. 21, No. 1, March 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 legal...

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