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Defense Digest

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Volume 23, No. 3, September 2017

Offices: Philadelphia, Pennsylvania •
Practice Areas: Consumer Financial Services Litigation & Compliance
Defense Digest, Vol. 23, No. 3, September 2017 By Michael E. Fitzgerald, Esq.* Key Points: FDCPA makes it unlawful to harass, oppress or abuse a person in connection with collection of a debt. Plaintiff’s unsupported recollections of quantity..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Property Litigation Authors: Corey K. Setterlund
Defense Digest, Vol. 23, No. 3, September 2017 By Corey K. Setterlund, Esq.* Key Points: Insurers may not be able to avoid litigation when invoking the Option to Repair if the insured disputes the scope of repairs to be performed. If the..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Public Entity and Civil Rights Litigation
Defense Digest, Vol. 23, No. 3, September 2017 By April L. Cressler, Esq.* Key Points: You do have the right to record police officers engaged in official activity regardless of whether your actions constitute expressive conduct. The First..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Insurance Coverage/Bad Faith Litigation Authors: Brooks R. Foland
Defense Digest, Vol. 23, No. 3, September 2017 By Brooks R. Foland, Esq.* Key Points: The Supreme Court of Pennsylvania’s decision in Sackett II, regarding stacking waivers, has been cited by several subsequent cases, resulting in the further..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Moosic, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Mark J. Kozlowski
Defense Digest, Vol. 23, No. 3, September 2017 By Mark J. Kozlowski, Esq.* Key Points: When a property owner seeks just compensation via the Fifth Amendment, courts will look to determine whether the alleged taking is facial or as-applied based..., Defense Digest, Vol. 23, No. 3, September 2017. 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 23, No. 2, June 2017

Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 23, No. 2, June 2017 By Robert J. Fitzgerald, Esq.* Key Points: The Second Injury Fund pays permanent-total disability benefits in certain workers’ compensation cases. These benefits are not applicable when the final...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Orlando, Florida •
Practice Areas: Professional Liability Authors: David W. Henry
Defense Digest, Vol. 23, No. 2, June 2017 By David W. Henry, Esq.* Key Points: Settling professional liability claims poses some unusual challenges. Associations and entities operated by governing boards require additional communication and...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Public Entity and Civil Rights Litigation
Defense Digest, Vol. 23, No. 2, June 2017 By Diana P. Cortes, Esq.* Key Points: Uncertain accrual date increases the expansion of pretrial detention claims. Increase in exposure and claims against municipalities. Best line of defense: statue of...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Christopher E. Dougherty
Defense Digest, Vol. 23, No. 2, June 2017 By Christopher E. Dougherty, Esq., Marshall Dennehey’s Force Multipliers—Our Paralegals In the past few years, our firm has received notable recognition for the quality of our defense. We have been..., Defense Digest, Vol. 23, No. 2, June 2017. 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: Professional Liability
Defense Digest, Vol. 23, No. 2, June 2017 By David J. Oberly, Esq.* Key Points: Amendments to Federal Rules of Civil Procedure will change discovery practice in federal courts. Changes focus on the scope of discovery, proportional discovery,...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Class Action Litigation Authors: Jay S. Rothman
Defense Digest, Vol. 23, No. 2, June 2017 By Jay S. Rothman, Esq.* Class actions come in a variety of flavors. Unfortunately, they are rarely “vanilla.” However, whether consumer, commercial, financial products, environmental, employment,...,   Defense Digest, Vol. 23, No. 2, June 2017. 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...
Defense Digest, Vol. 23, No. 2, June 2017 CASUALTY DEPARTMENT Michael Archibald (Tampa, FL), Shane Haselbarth (Philadelphia, PA) and Ryan Burns (Fort Lauderdale, FL) successfully defended an appeal of a favorable verdict in a wrongful death action..., Defense Digest, Vol. 23, No. 2, June 2017. 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: Appellate Advocacy and Post-Trial Practice Authors: Audrey L. Copeland, Shane Haselbarth
Defense Digest, Vol. 23, No. 2, June 2017 Shane Haselbarth (Philadelphia, PA) succeeded in defending a favorable summary judgment ruling in the Second District Court of Appeal of Florida. The plaintiff was a homeowners association whose members made...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Appellate Advocacy and Post-Trial Practice Authors: Audrey L. Copeland, Shane Haselbarth
Defense Digest, Vol. 23, No. 2, June 2017 Shane Haselbarth (Philadelphia, PA) succeeded in defending a favorable summary judgment ruling in the Second District Court of Appeal of Florida. The plaintiff was a homeowners association whose members made...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Orlando, Florida •
Authors: Bradley P. Blystone
Defense Digest, Vol. 23, No. 2, June 2017 By Bradley P. Blystone, Esq.* Sitting in the heart of Central Florida, Orlando is a growing and vibrant metropolitan area known as “The City Beautiful.” With its combination of year-round sunny weather and...,   Defense Digest, Vol. 23, No. 2, June 2017. 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...
Defense Digest, Vol. 23, No. 2, June 2017 SPECIAL APPOINTMENTS Colleen Bannon and Diana Cortes (Philadelphia, PA) have been appointed the 2017 Co-Chairs of the Federal Courts Committee of the Philadelphia Bar Association. Colleen also served as Vice...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Professional Liability Authors: Aaron E. Moore
Defense Digest, Vol. 23, No. 2, June 2017 By Aaron E. Moore, Esq.* Key Points: Dragonetti Act penalizes attorneys and clients who engage in frivolous litigation. Dragonetti Act is not unconstitutional. Supreme Court held that the Act does not..., Defense Digest, Vol. 23, No. 2, June 2017. 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: Employment Law Authors: Ashley L. Toth
Defense Digest, Vol. 23, No. 2, June 2017 By Ashley L. Toth, Esq.* Key Points: OSHA’s “new rule,” effective January 1, 2017, requires employers to electronically submit injury and illness data to OSHA. The anti-retaliation provision of the “new..., Defense Digest, Vol. 23, No. 2, June 2017. 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: Employment Law Authors: Danielle M. Vugrinovich
Defense Digest, Vol. 23, No. 2, June 2017 By Danielle M. Vugrinovich, Esq.* Key Points: Treat complaints of discrimination based upon sexual orientation and gender identity the same as other complaints based upon Title VII. Employers should...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Workers' Compensation Authors: Francis X. Wickersham
Defense Digest, Vol. 23, No. 2, June 2017 By Francis X. Wickersham, Esq.* Key Points: Under the Pennsylvania Workers’ Compensation Act, IREs are utilized by physician-evaluators to “determine the degree of impairment due to the compensable...,   Defense Digest, Vol. 23, No. 2, June 2017. 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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