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Pennsylvania Public Entity and Civil Rights Litigation October 1, 2017
The plaintiff, an electrical service provider, brought an action in negligence against the City of Reading to recover damages and costs it incurred in making repairs to its equipment, which it claimed were caused by the city’s negligence. The..., Case Law Alerts, 4th Quarter, October 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...
Federal Maritime Litigation October 1, 2017
The plaintiff, employed as a longshoreman by Beacon Stevedoring Corporation (Beacon), was injured while helping to unload freight aboard a cargo vessel owned and/or operated by Mos Shipping Co., Ltd. (Mos) while the vessel was moored at a pier..., Case Law Alerts, 4th Quarter, October 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...
Federal Public Entity and Civil Rights Litigation October 1, 2017
In the early morning hours of a Sunday, the plaintiff was the passenger in a vehicle being driven by her son, who committed a traffic violation and refused to pull over, thus initiating a slow-speed pursuit, which led police directly into the heart..., Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Product Liability October 1, 2017
In this product liability action against the manufacturer of a prosthetic implant system, the plaintiffs asserted, among other things, a strict liability claim for manufacturing defect. The defendant filed a motion to dismiss, arguing the plaintiffs...,   Case Law Alerts, 4th Quarter, October 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...
Delaware Workers' Compensation October 1, 2017
The Delaware Supreme Court remanded this case so the employer could present additional evidence of whether it could meet the burden of showing that jobs were actually available to the claimant, an undocumented worker. Evidence was presented on the..., Case Law Alerts, 4th Quarter, October 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...
New York Retail Liability October 1, 2017
The Appellate Division, First Department affirmed summary judgment to the restaurant Olive Garden. The plaintiff tripped and fell in the parking lot outside the restaurant. She tripped on two to three decorative stones that were used in landscaping...,   Case Law Alerts, 4th Quarter, October 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...
Delaware Workers' Compensation October 1, 2017
The issue before the Delaware Superior Court was whether the Board erred in denying the claimant’s request for reimbursement of his medical expert’s witness fee. On appeal, the court held that the Board correctly identified the issue and..., Case Law Alerts, 4th Quarter, October 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...
New Jersey Health Care Liability October 1, 2017
The plaintiff appealed a jury verdict in favor of the defendant in a malpractice action against her gastroenterologist. At trial, the plaintiff contended her gastroenterologist was negligent in the performance of a colonoscopy. On appeal, the...,   Case Law Alerts, 4th Quarter, October 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...
Delaware Workers' Compensation October 1, 2017
The claimant commuted all benefits with the exception of medicals, for which he continued to receive pain management care. The employer challenged this treatment through the Utilization Review process and, specifically, the continued use of opioid..., Case Law Alerts, 4th Quarter, October 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...
Florida Health Care Liability October 1, 2017
In 2014, the Florida Supreme Court held that caps on non-economic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014). However, that...,   Case Law Alerts, 4th Quarter, October 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...

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