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New Jersey Environmental & Toxic Tort Litigation April 11, 2017
Restoration Versus Remediation By Lila Wynne, Esq. Recently, the New Jersey Department of Environmental Protection (NJDEP), its commissioner and the administrator of the New Jersey Spill Compensation Fund sought both damages in the form of..., Private Parties Left Holding the Bag When It Comes to Pre-1977 Contamination By Kevin T. Bright, Esq. The New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq., provides a comprehensive mechanism for allocating financial..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Delaware General Liability April 1, 2017
The plaintiff was injured on the defendant’s property when another person fell on top of her, apparently because the chair portion of the person’s bar stool separated from the seat portion. The plaintiff did not retain a liability expert..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New York Retail Liability April 1, 2017
The appellate division held that a retailer was entitled to summary judgment because the plaintiff could not identify the cause of her fall without engaging in speculation. The defendant pointed to testimony from the plaintiff that she was not sure..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2017
The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth. 2014), wherein the..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2017
The claimant’s August 2000 work-related injuries were acknowledged in a Notice of Compensation Payable. In 2003, the IRE physician gave the claimant a 21% impairment rating, using the 5th Edition of the American Medical Association guides. In..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
The plaintiff, a former tenant of the defendants, claimed that he fell through a hole in their rental property. The defendants claimed he falsified his injury to receive compensation and because of the parties’ disagreements. The plaintiff..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Retail Liability April 1, 2017
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord)..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2017
In October 2012, the claimant underwent an IRE, and an impairment rating of 28% under the 6th Edition of the AMA Guides was given. The employer filed a notice to adjust the claimant to partial disability status, and the claimant filed a..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
The defendant, a Chinese corporation with its principal place of business in China, sold its product to an independent distributor in China who then arranged shipment from China to some U.S. locations, not including Delaware. The plaintiff’s..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Health Care Liability April 1, 2017
The plaintiff sought to recover for an alleged delay in diagnosing colon cancer. During discovery, the plaintiff filed an Offer of Judgment in the amount of $750,000. The Offer of Judgment Rule, R. 4:58-2, permits recovery for costs of suit and all..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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