Thought Leadership Search Results

2233 results

Case Law Alerts
Following Commonwealth v. Alexander, Article I, Section 8 of the Pennsylvania Constitution continues to permit warrantless “inventory searches” of impounded automobiles.
April 1, 2023
by Joshua W. Brownlie
Case Law Alerts
The Dragonetti Act provision that provides for an award of punitive damages does not violate Pennsylvania’s Constitution.
April 1, 2023
by Aaron E. Moore
Case Law Alerts
Third Circuit maintains a high bar for use of witness affidavits to defeat summary judgment.
April 1, 2023
by Michael C. Burke
Case Law Alerts
Third Circuit finds that four to six weeks between an employee’s internal complaint and his termination is “not unduly suggestive” of retaliatory animus under Title VII.
April 1, 2023
by Michael C. Burke
Case Law Alerts
Third Circuit holds deductions in paid time off do not equate to improper deductions in salary under the FLSA.
April 1, 2023
by Michael C. Burke
Case Law Alerts
Third Circuit adopts “proxy-liability” exception to Faragher-Ellerth defense.
April 1, 2023
by Michael C. Burke
Case Law Alerts
Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.
April 1, 2023
Case Law Alerts
Superior Court holding reminds of requisite expert qualifications for medical malpractice actions against physicians.
April 1, 2023
Case Law Alerts
Pennsylvania Supreme Court Rules that Groups Appealing Environmental Permits May Recover Legal Fees from Companies
April 1, 2023
Case Law Alerts
Vague assertions that existing policies were inadequate are not enough to impose Monell municipal liability.
April 1, 2023
by Jordan L. Mazzoni
Case Law Alerts
Why Insurance Carriers' DPRPs Should be Specific as What Claims/Actions Are and Are Not Arbitrable to Protect Themselves Against Motions to Dismiss
April 1, 2023
by Ariel C. Brownstein
What's Hot in Workers' Comp
Although §2102 of the Medical Marijuana Act did not require direct coverage for an injured worker’s medical marijuana, it was not prohibited; therefore, the carrier was required to reimburse the out-of-pocket costs of an injured worker’s medical cannabis.
April 1, 2023
by Francis X. Wickersham
What's Hot in Workers' Comp
Court Holds that While Section 2102 of the Medical Marijuana Act May Preclude Direct Coverage for an Injured Worker's Medical Cannabis by an Insurance Carrier, it Does Not Preclude Reimbursement of Medical Marijuana Used for Treatment of a Work Injury
April 1, 2023
by Francis X. Wickersham
What's Hot in Workers' Comp
The IAB concludes that regenerative medicine procedures, including orthobiologic injections, do not constitute “reasonable” or “necessary” treatment for a compensable lumbar spine condition.
April 1, 2023
by Benjamin K. Durstein
Case Law Alerts
Proposed Revision to Florida Statute Sits Before the House that Would Require Building Code Violations to be "Material" to Trigger Claim Under 553.84
April 1, 2023
by Lindsay G. McCormick
What's Hot in Workers' Comp
Per the First District Court of Appeal’s per curiam opinion, there was competent, substantial evidence to support the judge’s finding that the claimant did not give timely notice of her injury, and the judge’s order was affirmed.
April 1, 2023
by Linda Wagner Farrell
Case Law Alerts
District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts
April 1, 2023
by Michael A. Salvati
Case Law Alerts
Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.
April 1, 2023
Case Law Alerts
Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even with Lights and Sirens on, For Purposes of Ohio Revised Code 2744.03.
April 1, 2023
by Jillian L. Dinehart
Case Law Alerts
Anger, Guns and Squirrels Create Problems Begetting Problems - En Banc Pennsylvania Superior Clarifies Collateral Estoppel Effect of Criminal Conviction
April 1, 2023
by Shane Haselbarth
Legal Updates for Lawyers' Professional Liability
Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE
April 1, 2023
by Josh J.T. Byrne
Legal Updates for New Jersey Public Entity & Civil Rights
Public Entity Required to Disclose Private Email Account Pursuant to an OPRA Request
March 30, 2023
by Matthew J. Behr
Choosing a Mediator for Your Medical Malpractice Case: One Size Does Not Fit All
March 28, 2023
Why Contest Mental Health Claims in Workers’ Comp When You Can Prevent Them to Begin With?
March 28, 2023
by Michele R. Punturi
Legal Update for Florida Civil Litigation
Florida Passes Tort Reform: What You Need to Know
March 27, 2023
by Kimberly Kanoff Berman and Alan C. Nash
Retooling the Client Engagement Letter to Minimize Liability Claim Exposure
March 23, 2023
by Gregory P. Graham and Carly P. Edman
What's Hot in Workers' Comp
What’s Hot in Workers’ Comp – Special PA Alert
March 20, 2023
by Francis X. Wickersham
Legal Updates for Health Care Liability
Long-Term Care Facility Faces Criminal Scrutiny for Early COVID-19 Actions
March 20, 2023
by Matthew P. Keris
When Disciplinary Counsel Knocks on Your Door, How Do You Respond?
March 17, 2023
by Alesia S. Sulock and Josh J.T. Byrne
When Is It Too Late to Change Your Theory of the Case?
March 10, 2023
by Jennifer M. Meyers

Thought Leadership

Following Commonwealth v. Alexander, Article I, Section 8 of the Pennsylvania Constitution continues to permit warrantless “inventory searches” of impounded automobiles.

The Dragonetti Act provision that provides for an award of punitive damages does not violate Pennsylvania’s Constitution.

Third Circuit maintains a high bar for use of witness affidavits to defeat summary judgment.

Third Circuit finds that four to six weeks between an employee’s internal complaint and his termination is “not unduly suggestive” of retaliatory animus under Title VII.

Third Circuit holds deductions in paid time off do not equate to improper deductions in salary under the FLSA.

Third Circuit adopts “proxy-liability” exception to Faragher-Ellerth defense.

Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.

Superior Court holding reminds of requisite expert qualifications for medical malpractice actions against physicians.

Pennsylvania Supreme Court Rules that Groups Appealing Environmental Permits May Recover Legal Fees from Companies

Vague assertions that existing policies were inadequate are not enough to impose Monell municipal liability.

Why Insurance Carriers' DPRPs Should be Specific as What Claims/Actions Are and Are Not Arbitrable to Protect Themselves Against Motions to Dismiss

Although §2102 of the Medical Marijuana Act did not require direct coverage for an injured worker’s medical marijuana, it was not prohibited; therefore, the carrier was required to reimburse the out-of-pocket costs of an injured worker’s medical cannabis.

Court Holds that While Section 2102 of the Medical Marijuana Act May Preclude Direct Coverage for an Injured Worker's Medical Cannabis by an Insurance Carrier, it Does Not Preclude Reimbursement of Medical Marijuana Used for Treatment of a Work Injury

The IAB concludes that regenerative medicine procedures, including orthobiologic injections, do not constitute “reasonable” or “necessary” treatment for a compensable lumbar spine condition.

Proposed Revision to Florida Statute Sits Before the House that Would Require Building Code Violations to be "Material" to Trigger Claim Under 553.84

Per the First District Court of Appeal’s per curiam opinion, there was competent, substantial evidence to support the judge’s finding that the claimant did not give timely notice of her injury, and the judge’s order was affirmed.

District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts

Jail officer’s knowledge of a potential policy violation by a medical care contractor was not enough to prove knowledge of a substantial risk of a constitutional violation under 42 USC section 1983.

Emergency Vehicle Driver May Be Found Reckless if He Runs a Red Light, Even with Lights and Sirens on, For Purposes of Ohio Revised Code 2744.03.

Anger, Guns and Squirrels Create Problems Begetting Problems - En Banc Pennsylvania Superior Clarifies Collateral Estoppel Effect of Criminal Conviction

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

Public Entity Required to Disclose Private Email Account Pursuant to an OPRA Request

Choosing a Mediator for Your Medical Malpractice Case: One Size Does Not Fit All

Why Contest Mental Health Claims in Workers’ Comp When You Can Prevent Them to Begin With?

Florida Passes Tort Reform: What You Need to Know

Retooling the Client Engagement Letter to Minimize Liability Claim Exposure

What’s Hot in Workers’ Comp – Special PA Alert

Long-Term Care Facility Faces Criminal Scrutiny for Early COVID-19 Actions

When Disciplinary Counsel Knocks on Your Door, How Do You Respond?

When Is It Too Late to Change Your Theory of the Case?

Firm Highlights

Best Lawyers in America Recognition

Favorable Verdict Obtained in Palm Beach County Property Damage Case

Ethical Remote Practice of Law in a Post-Pandemic World

Successfully Prosecuted Workers’ Compensation Termination Petition

Dismissal Obtained in New Jersey Realtor Liability Case

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

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

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

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

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions