Thought Leadership Search Results

2233 results

What's Hot in Workers' Comp
The Judge of Compensation Claims found that the offer of travel reimbursement does not satisfy the employer/carrier’s obligation to provide medical transportation.
May 1, 2023
by Linda Wagner Farrell
Legal Updates for Health Care Liability
Medical Malpractice Venue Un-Reform
May 1, 2023
by John J. Hare
Media Commentary
Jury Verdicts Like the $183 Million Award Against Penn Medicine Can Be Tied Up for Years, But Usually Stand
May 1, 2023 – The Philadelphia Inquirer
by John J. Hare
Legal Updates for Insurance Services
Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims
April 25, 2023
by Christopher W. Woodward
Legal Updates for Construction Litigation
Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation
April 14, 2023
by Taylor A. Naughton
Prejudgment Interest Accruing from Date of Accident: What Will This Mean for Residents, Courts?
April 13, 2023
by Steven M. Christman
Managing Cyber Security Threats in 2023. Episode 2: The Current State of Ransomware Attacks in 2023
April 6, 2023
by David J. Shannon
Potential Clarity on Pennsylvania's Murky Products Liability Landscape
April 6, 2023
Case Law Alerts
Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.
April 1, 2023
Case Law Alerts
Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.
April 1, 2023
Case Law Alerts
To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.
April 1, 2023
Case Law Alerts
Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.
April 1, 2023
Case Law Alerts
Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.
April 1, 2023
Case Law Alerts
Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.
April 1, 2023
Case Law Alerts
Superior Court ruled that a failure to include the full name of one of the streets at the location of an alleged defect in the roadway did not constitute a failure to provide proper notice of an intention to file a claim against the state.
April 1, 2023
Case Law Alerts
Not All Personal Injury Accidents Involving Repair Work are Applicable to New York Labor Law §241 Claims
April 1, 2023
Case Law Alerts
Relying Upon Dicta Set Forth in Spencer v. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to Multiple Defendants Unless a Plaintiff Had Some Amount of Contributory Negligence
April 1, 2023
by Lauren E. Purcell
Case Law Alerts
An Expert Witness, Retained and Presented as a Life Care Planner, May Not Use Their Own Medical Opinion in Calculating Future Care When That Care is Not Recommended By a Treating Physician or Retained Medical Expert
April 1, 2023
What's Hot in Workers' Comp
WHAT’S HOT IN WORKERS’ COMP - NEWS AND RESULTS*
April 1, 2023
What's Hot in Workers' Comp
New Jersey Appellate Court affirms denial of motion for medical and/or temporary disability benefits based upon petitioner’s credibility issues and failure to establish objective evidence.
April 1, 2023
by Jessica Wojcik Gordon
Case Law Alerts
Despite documentary evidence, insured’s testimony alone is sufficient to create an issue of fact to defeat summary judgment in an uninsured motorist case.
April 1, 2023
by Christopher W. Woodward
Case Law Alerts
In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.
April 1, 2023
by Lauren E. Purcell
Case Law Alerts
SCOTUS Grants Certiorari to Hear Marine Insurance Dispute
April 1, 2023
by Christopher J. DiCicco
CLM Magazine
Under the Influence of the Intoxication Defense: Differing State Laws Can Affect Workers' Compensation Claims for Workplace Injuries
April 1, 2023
by William J. Murphy
Case Law Alerts
The Workers' Compensation Exclusivity Exception Must Be Narrowly Construed and the Contract at Issue Must Contain Sufficient Language to Establish a Third-Party Indemnity Obligation
April 1, 2023
by Lisa L. Maeyer
Case Law Alerts
The grounds on which a plaintiff may pursue a malpractice claim against an attorney with whom there was no attorney-client relationship are exceedingly narrow.
April 1, 2023
by Jeremy J. Zacharias RPLU
Legal Updates for Lawyers' Professional Liability
Seismic Changes May Soon Be Coming to Florida Statutes for Comparative Negligence, Lodestar Fee, Statute of Limitations and One-Way Attorney’s Fees Against Insurers
April 1, 2023
by Jonathan E. Kanov
Legal Updates for Lawyers' Professional Liability
Legal Update for Lawyers’ Professional Liability - RESULTS & THOUGHT LEADERSHIP
April 1, 2023
Case Law Alerts
Even if at work, dressed for work and wearing a work badge, an employee is not thought to be acting within the scope of his or her employment if not on duty on the employer’s behalf when the incident occurs.
April 1, 2023
by Holly M. Hamilton
Case Law Alerts
Appellate Division Finds that the Pay-if-Paid Clause in the Construction Contract is Enforceable
April 1, 2023
by Pauline F. Tutelo

Thought Leadership

The Judge of Compensation Claims found that the offer of travel reimbursement does not satisfy the employer/carrier’s obligation to provide medical transportation.

Medical Malpractice Venue Un-Reform

Jury Verdicts Like the $183 Million Award Against Penn Medicine Can Be Tied Up for Years, But Usually Stand

Insurers’ Actions as Legal Adversary Cannot Be the Basis for Bad Faith Claims

Senate Bill Changes Statute of Limitations, Statute of Repose, and Amends Statutory Building Code Violation

Prejudgment Interest Accruing from Date of Accident: What Will This Mean for Residents, Courts?

Managing Cyber Security Threats in 2023. Episode 2: The Current State of Ransomware Attacks in 2023

Potential Clarity on Pennsylvania's Murky Products Liability Landscape

Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.

Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.

To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.

Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.

Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.

Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.

Superior Court ruled that a failure to include the full name of one of the streets at the location of an alleged defect in the roadway did not constitute a failure to provide proper notice of an intention to file a claim against the state.

Not All Personal Injury Accidents Involving Repair Work are Applicable to New York Labor Law §241 Claims

Relying Upon Dicta Set Forth in Spencer v. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to Multiple Defendants Unless a Plaintiff Had Some Amount of Contributory Negligence

An Expert Witness, Retained and Presented as a Life Care Planner, May Not Use Their Own Medical Opinion in Calculating Future Care When That Care is Not Recommended By a Treating Physician or Retained Medical Expert

WHAT’S HOT IN WORKERS’ COMP - NEWS AND RESULTS*

New Jersey Appellate Court affirms denial of motion for medical and/or temporary disability benefits based upon petitioner’s credibility issues and failure to establish objective evidence.

Despite documentary evidence, insured’s testimony alone is sufficient to create an issue of fact to defeat summary judgment in an uninsured motorist case.

In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.

SCOTUS Grants Certiorari to Hear Marine Insurance Dispute

Under the Influence of the Intoxication Defense: Differing State Laws Can Affect Workers' Compensation Claims for Workplace Injuries

The Workers' Compensation Exclusivity Exception Must Be Narrowly Construed and the Contract at Issue Must Contain Sufficient Language to Establish a Third-Party Indemnity Obligation

The grounds on which a plaintiff may pursue a malpractice claim against an attorney with whom there was no attorney-client relationship are exceedingly narrow.

Seismic Changes May Soon Be Coming to Florida Statutes for Comparative Negligence, Lodestar Fee, Statute of Limitations and One-Way Attorney’s Fees Against Insurers

Legal Update for Lawyers’ Professional Liability - RESULTS & THOUGHT LEADERSHIP

Even if at work, dressed for work and wearing a work badge, an employee is not thought to be acting within the scope of his or her employment if not on duty on the employer’s behalf when the incident occurs.

Appellate Division Finds that the Pay-if-Paid Clause in the Construction Contract is Enforceable

Firm Highlights

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Dismissal Obtained in New Jersey Realtor Liability Case

Successfully Prosecuted Workers’ Compensation Termination Petition

Ethical Remote Practice of Law in a Post-Pandemic World

Best Lawyers in America Recognition

Favorable Verdict Obtained in Palm Beach County Property Damage Case

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute

Ellen C. Bodenmiller Joins Marshall Dennehey’s Tampa Office as Special Counsel in the Casualty Department