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Defense Digest

Volume/Digest Number
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Author
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Volume 22, No. 4, December 2016

Offices: Cleveland, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Cincinnati, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Cleveland, Ohio •
Practice Areas: Employment Law Authors: Keith Hansbrough
Defense Digest, Vol. 22, No. 4, December 2016 By Keith Hansbrough, Esq.* Key Points: Ohio Revised Code § 4123.90 allows employees to bring retaliation claims against employers regarding the filing of a workers’ compensation claims. A prima..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Cincinnati, Ohio •
Practice Areas: Bankruptcy Litigation
Defense Digest, Vol. 22, No. 4, December 2016   By Stephen M. Wagner, Esq.* Key Points: Excess D&O liability insurance not triggered absent payment of limits of liability of underlying policies. Excess D&O insurance policies do not..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: EEOC rules amend GINA regulations, create new ADA regulations, and provide guidance to employers regarding how workplace wellness program can comply with ADA..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Cincinnati, Ohio •
Practice Areas: Professional Liability
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: Ohio has a one-year statute of limitations for legal malpractice claims. This discovery rule may enhance the effect of this limited period. Defense..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation
Defense Digest, Vol. 22, No. 4, December 2016   By April L. Cressler, Esq.* Key Points: The increase in media coverage of negative law enforcement stories is leading to a rise in civil suits. Plaintiffs appear emboldened by the anti-police..., Defense Digest, Vol. 22, No. 4, December 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...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 22, No. 4, December 2016   By Robert J. Fitzgerald, Esq.* Key Points: New Jersey’s workers’ compensation statute allows employers to assert a lien against any negligent third party that causes the work injury. New Jersey..., Defense Digest, Vol. 22, No. 4, December 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...

Volume 22, No. 3, September 2016

Offices: Cincinnati, Ohio •
Practice Areas: Health Care Liability
Defense Digest, Volume 22, No. 3, September 2016   By Stephen M. Wagner, Esq.* Key Points: A health care entity cannot be held vicariously liable for a physician’s negligence unless the negligent physician is properly named in the case and...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Wilmington, Delaware •
Practice Areas: Workers' Compensation Authors: Linda L. Wilson
By Linda L. Wilson, Esq.* Key Points: A contractor can be liable for a workers’ compensation claim even though that contractor never employed the injured individual. Be wary of subcontracting with a subcontractor that is not principally located...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Wilmington, Delaware •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Thomas J. Gerard
By Thomas J. Gerard, Esq.* Key Points: When does the statute of limitations begin to run in Delaware cases involving bad faith failure to settle? The Delaware Supreme Court has decided that the statute begins to run when an excess judgment...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Jacksonville, Florida •
Practice Areas: General Liability
By R. Thomas Roberts, Esq. & Amanda L. Ingersoll, Esq.* Key Points: The negligent mode of operation theory is no longer viable in slip-and-fall cases involving foreign, transitory substances. Florida statutory law establishes the burden of...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation
By Melissa D. Cochran, Esq.* Key Points: The “bare metal” defense is the theory that a product manufacturer cannot be held liable for alleged harms caused by asbestos component parts used with its product when it did not manufacture, distribute...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law
By David J. Oberly, Esq.* Key Points: New OSHA rule expands requirements to report and submit workplace injuries/illnesses. Reports are now available publicly. Additional anti-retaliation components give more protection to employees reporting...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investments Professional Liability
By Denis C. Dice, Esq.* Key Points: FINRA Dispute Resolution Task Force issues final report with multiple recommended actions. FINRA Board of Governors only authorized for filing with the SEC three proposed amendements.   FINRA organized...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability Authors: Laurianne Falcone
By Laurianne Falcone, Esq.* Key Points: The production of surveillance evidence to opposing counsel depends on discovery requests and timing. The trial judge has latitude to admit or exclude surveillance evidence depending on the facts of your...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Roseland, New Jersey •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Howard Mankoff, Audrey L. Copeland
By Howard Mankoff, Esq. and Audrey Copeland, Esq.* Key Points: RLUIPA litigation is costly and challenging. Insurers of municipalities faced with a request to defend RLUIPA litigation must resolve the thorny issue of whether they will be...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Howard Mankoff, Audrey L. Copeland
By Howard Mankoff, Esq. and Audrey Copeland, Esq.* Key Points: RLUIPA litigation is costly and challenging. Insurers of municipalities faced with a request to defend RLUIPA litigation must resolve the thorny issue of whether they will be...,   Defense Digest, Vol. 22, No. 3, September 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...
Offices: Philadelphia, Pennsylvania •
Authors: Thomas A. Brophy
By Thomas A. Brophy, Esquire, President & CEO When Mark Thompson, the newest member of our Executive Committee, relocated to Philadelphia from his home and practice in Orlando, Florida, he asked what he might do to become more familiar with the...,   Defense Digest, Vol. 22, No. 3, September 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...
Casualty Department James Johnson (Cherry Hill, NJ) saw the claimant voluntary withdraw an arbitration demand that involved first-party claimed medical expenses in excess of $163,000. Jim relied upon a favorable IME and the medical records review...,   *Prior Results Do Not Guarantee A Similar Outcome Defense Digest, Vol. 22, No. 3, September 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our...

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