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Practice Area Articles

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E.g., Nov 20, 2017
End Date
E.g., Nov 20, 2017
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Law Alerts 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...
Law Alerts 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...
Law Alerts 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...
Law Alerts October 1, 2017
As to the testimony of the petitioner’s and the respondent’s medical experts, the Judge of Compensation found that, despite a finding of over 100 percent disability on a combined basis, the petitioner’s expert’s report..., 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...
Law Alerts 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...
Law Alerts 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...
Law Alerts 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...
Law Alerts 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...
What's Hot in Worker's Comp September 12, 2017

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