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Pennsylvania Workers' Compensation October 1, 2017
The claimant sustained a work injury in June 2010, which was acknowledged by the employer. The claimant’s average weekly wage was $1,273.59, and his compensation rate was $845 per week. In February 2012, the employer issued a notice of worker..., 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 General Liability October 1, 2017
The plaintiff allegedly tripped and fell over a damaged piece of tile in an interior hallway while exiting a Catholic church. When determining whether a defect is trivial as a matter of law, the court is required to look at all of the facts..., 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 Employment Law October 1, 2017
The plaintiff was a substitute custodian in the employer’s school district. As a substitute custodian, she could obtain assignments at any school within the school district. In an effort to increase her hours, the plaintiff met with several..., 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 General Liability October 1, 2017
The Appellate Division, Second Department affirmed the trial court’s ruling permitting the jury to consider an adverse inference charge if they did not credit the testimony of the defendant’s witness that there was no surveillance..., 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 Employment Law October 1, 2017
The plaintiffs sought review of the dismissal of their age discrimination claims following the employer’s failure to hire them for full-time positions. In making its hiring decision, the employer utilized a standardized approach in which: (1)..., 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 General Liability October 1, 2017
When bringing a loss of earning capacity claim, the burden is on the plaintiff to establish, with reasonable certainty, that the capacity to labor has been diminished and to provide a monetary standard to which a jury can measure future loss. While..., 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 Insurance Coverage/Bad Faith Litigation October 1, 2017
An insured settled her bodily injury claim against a tortfeasor and signed a general release in which she agreed to release “any and all other persons or entities whatsoever” from claims arising from the accident. The court agreed with..., 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 Environmental & Toxic Tort Litigation August 16, 2017
Insurer Owes $2.55 Million For Metal Pollution Coverage By Lila Wynne, Esq.    On April 1, 2017, the New Jersey Appellate Division affirmed the trial court’s ruling that Greater New York Mutual Insurance Group must cover Mid-...,   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...
Federal Securities and Investments Professional Liability August 11, 2017
DOL Proposes Another Delay For Implementation of the Fiduciary Rule: What It Means to RIAs Prepared by John P. Quinn, Esq. On Wednesday, August 9, 2017, the Department of Labor (DOL) announced in a court filing that it will delay the effective...,   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...
Florida Technology, Media and Intellectual Property Litigation August 1, 2017
Florida Decision Shows Dissimilarities Outweigh Similarities in Copyright Claims   General liability carriers have long faced considerable exposure in copyright cases under the Personal & Advertising Injury coverage sections of the..., 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 specific...

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