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Defense Digest

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Volume 24, No. 3, September 2018

Defense Digest, Vol. 24, No. 3, September 2018 Casualty Department Jason Banonis (Allentown, PA) obtained summary judgment in favor of a defendant homeowner in the Court of Common Pleas of Lehigh County, Pennsylvania. The plaintiff alleged..., Defense Digest, Vol. 24, No. 3, September 2018. 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
Defense Digest, Vol. 24, No. 3, September 2018 In a workers’ compensation Fee Review appeal, Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to create a new standard for review as to what constitutes “a significant and...,   Defense Digest, Vol. 24, No. 3, September 2018. 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 Authors: Matthew S. Schorr
Defense Digest, Vol. 24, No. 3, September 2018 By Matthew S. Schorr, Esq.* Marshall Dennehey’s Casualty Department is the largest of the firm’s four legal departments, comprising nearly half of our 500+ attorneys and 100+ paralegals. Our casualty...,     Defense Digest, Vol. 24, No. 3, September 2018. 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...
Defense Digest, Vol. 24, No. 3, September 2018 Special Appointments Elizabeth Ferguson (Jacksonville, FL) was sworn in as president elect of the Jacksonville Bar Association on June 20, 2018. Karen Grethlein (King of Prussia, PA) is one of only 11...,   Defense Digest, Vol. 24, No. 3, September 2018. 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: Construction Injury Litigation Authors: Colin J. O'Brien
Defense Digest, Vol. 24, No. 3, September 2018 By Colin J. O’Brien, Esq.* Key Points: Court reaffirms that OSHA violations do not establish negligence per se. OSHA regulations may establish a duty of care in a negligence suit. OSHA compliance..., Defense Digest, Vol. 24, No. 3, September 2018. 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: Doylestown, Pennsylvania •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Michele P. Frisbie
Defense Digest, Vol. 24, No. 3, September 2018 By Michele P. Frisbie, Esq.* Key Points: Signed recreational releases, such as those required by gyms, are valid and enforceable. These releases can benefit not only the facility, but also other..., Defense Digest, Vol. 24, No. 3, September 2018. 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: Wilmington, Delaware •
Practice Areas: General Liability Authors: Lisa M. Grubb
Defense Digest, Vol. 24, No. 3, September 2018 By Lisa M. Grubb, Esq.* Key Points: New Civil Rule of Procedure, Rule 16.1 calls for mandatory non-binding arbitration in civil actions meeting certain criterion and that are valued below $50,000....,   Defense Digest, Vol. 24, No. 3, September 2018. 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: Tampa, Florida •
Authors: Michael J. Bradford
Defense Digest, Vol. 24, No. 3, September 2018 By Mike Bradford, Esq.* Key Points: The federal Death on the High Seas Act (DOHSA) applies to deaths that occur “on the high seas” more than three nautical miles from the shores of the United..., Defense Digest, Vol. 24, No. 3, September 2018. 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...

Volume 24, No. 2, June 2018

Offices: Pittsburgh, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Alexander B. Possino
Defense Digest, Vol. 24, No. 2, June 2018 By Alexander B. Possino, Esq.* Key Points: Plaintiff’s civil suit is barred due to exclusivity of workers’ compensation remedy because he had entered into Agreement for Compensation with employer....,   Defense Digest, Vol. 24, No. 2, June 2018. 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: Fort Lauderdale, Florida •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Michael A. Packer
Defense Digest, Vol. 24, No. 2, June 2018 By Michael A. Packer, Esq.* Key Points: Homeowners “all risks” policy exclusionary clause regarding “constant or repeated seepage over a period of 14 days or more” interpreted by Florida’s 5th District..., Some variation of the exclusionary clause, “constant or repeated seepage over a period of 14 days or more,” appears in almost every homeowners policy issued in Florida. Its purpose is clear—to control and limit liability for a continuous leak and to..., Defense Digest, Vol. 24, No. 2, June 2018. 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 •
Authors: Christopher E. Dougherty
Defense Digest, Vol. 24, No. 2, June 2018 By Christopher E. Dougherty, Esq.* Talkin’ ‘bout Their Generation Recently, I had one of those “senior moments.” I left my cell phone on the hood of my car while grabbing a few extra items before pulling out..., Defense Digest, Vol. 24, No. 2, June 2018. 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 •
Authors: Justin F. Johnson
Defense Digest, Vol. 24, No. 2, June 2018 By Justin F. Johnson, Esq.* As the relatively new managing attorney of the Roseland office, when I was asked to provide a summary and some insights of the inner workings of our local office, my first..., Defense Digest, Vol. 24, No. 2, June 2018. 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...
Defense Digest, Vol. 24, No. 2, June 2018 Casualty Department Following oral argument heard en banc, the Delaware Supreme Court issued an opinion upholding the application of the Continuing Storm Doctrine, resulting in the affirmation of the lower..., Defense Digest, Vol. 24, No. 2, June 2018. 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
Defense Digest, Vol. 24, No. 2, June 2018 Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to affirm the Workers’ Compensation Appeal Board’s decisions denying the claimant’s penalty petition and granting the employer’s..., Defense Digest, Vol. 24, No. 2, June 2018. 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...
Defense Digest, Vol. 24, No. 2, June 2018 Florida Expansion We have expanded our Workers’ Compensation Department into the state of Florida with the additions of Heather Byrer Carbone, shareholder; Linda Wagner Farrell, shareholder; and associate..., Defense Digest, Vol. 24, No. 2, June 2018. 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: Fraud/Special Investigation Authors: James H. Cole
Defense Digest, Vol. 24, No. 2, June 2018 By James H. Cole, Esq. In response to the high demand for aggressive trial attorneys to prosecute insurance fraud, Marshall Dennehey Warner Coleman & Goggin continues to expand its Fraud/Special..., Defense Digest, Vol. 24, No. 2, June 2018. 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: Alesia S. Sulock
Defense Digest, Vol. 24, No. 2, June 2018 By Alesia S. Sulock, Esq.* Key Points: Brenco Oil holds that if a legal malpractice complaint alleges that an attorney was careless in performing a contract, not that the attorney failed to perform a...,   Defense Digest, Vol. 24, No. 2, June 2018. 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: Allentown, Pennsylvania •
Practice Areas: Workers' Compensation Authors: A. Judd Woytek
Defense Digest, Vol. 24, No. 2, June 2018 By A. Judd Woytek, Esq.* Key Points: Pennsylvania’s Workers’ Compensation Judges have split on the issue of how to handle reinstatement petitions in light of Protz. The Workers’ Compensation Appeal..., The epitaph reads: “Here lies the IRE. June 23, 1996-June 20, 2017. Killed by the Supreme Court of Pennsylvania and Mary Ann Protz. Rest in Peace.” In June 1996, the Pennsylvania Legislature made sweeping changes to the Pennsylvania Workers’...,   Defense Digest, Vol. 24, No. 2, June 2018. 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: Health Care Liability Authors: John C. Farrell, Rachel C. Bekerman
Defense Digest, Vol. 24, No. 2, June 2018 By Rachel C. Freedman, Esq. and John C. Farrell, Esq.* Key Points: The Superior Court’s decision in Moody may make it more difficult for trial courts to successfully order venue transfers out of the..., In Moody v. Lehigh Valley Hospital-Cedar Crest, et al., 179 A.3d 496 (Pa.Super. 2018), the Superior Court of Pennsylvania departed from Supreme Court of Pennsylvania precedent regarding venue transfer on forum non-conveniens grounds. It consequently...,   Defense Digest, Vol. 24, No. 2, June 2018. 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: King of Prussia, Pennsylvania •
Practice Areas: Automobile Liability Authors: Michele A. Krengel
Defense Digest, Vol. 24, No. 2, June 2018 By Michele A. Krengel, Esq.* Key Points: The real estate exception to sovereign immunity applies to dangerous conditions of all Commonwealth real estate, not only roadways. The presence and installation..., A recent Pennsylvania Supreme Court decision clarifies the interpretation of the real estate exception to the Sovereign Immunity Act, 42 Pa. C.S. § 8522(b)(4). Pursuant to the Sovereign Immunity Act, the Commonwealth enjoys immunity from suit for...,   Defense Digest, Vol. 24, No. 2, June 2018. 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...

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