Thought Leadership Search Results

2233 results

Case Law Alerts
The Twombly/Iqbal Plausibility Standard Applies to Maritime Complaint Seeking Exoneration from or Limitation of Liability Pursuant to 46 U.S.C. § 30511 et Seq.
October 1, 2021
by Christopher J. DiCicco
Case Law Alerts
Legal malpractice claim not encompassed by arbitration provision in contract for related escrow services.
October 1, 2021
Case Law Alerts
Delaware legal malpractice claim dismissed because plaintiff failed to produce an expert report before discovery deadline.
October 1, 2021
by Aaron E. Moore
Case Law Alerts
Punitive damages under the Florida Civil Rights Act.
October 1, 2021
Case Law Alerts
Affidavit of Merit against design professional may not be required where underlying factual allegations do not require proof of deviation from professional standard of care.
October 1, 2021
Case Law Alerts
Regulatory violations under the Consumer Fraud Act do not require proof of an intent to defraud.
October 1, 2021
Case Law Alerts
Florida Appellate Court Decides that a Master Association Has No Standing to Sue its Condominium Association
October 1, 2021
by Andrew J. Marchese
Case Law Alerts
An Expert Must Evaluate Applicable Contract Documents in Order to Opine as to Liability
October 1, 2021
Case Law Alerts
Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.
October 1, 2021
Case Law Alerts
No Unlawful Practice of Dentistry as Defendant Did Not Control Clinical Treatment to Patients or Dentists with Whom it Contracted
October 1, 2021
by Ariel C. Brownstein
What's Hot in Workers' Comp
Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.
October 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.
October 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.
October 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
What's Hot in Workers' Comp - Special PA Alert*
October 1, 2021
by A. Judd Woytek
What's Hot in Workers' Comp
Personal representative’s status will revert back to petition for benefits’ filing date, even though claimant’s counsel filed this petition and attached an older fraud acknowledgement signed by the decedent prior to his death.
October 1, 2021
by Linda Wagner Farrell
Case Law Alerts
Ohio’s New Employment Law Uniformity Act
October 1, 2021
Case Law Alerts
The Second Department clarified whether executive orders issued by New York’s governor tolled or suspended the statute of limitations during COVID.
October 1, 2021
by Adam C. Calvert
Case Law Alerts
Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?
October 1, 2021
by Megan J. Nelson
Legal Updates for Insurance Services
Despite Attacks, the Regular Use Exclusion to UIM Coverage Lives On
September 27, 2021
by Christopher W. Woodward
Am I Getting Fired? How to Handle Meetings With Your Facility’s Attorney
September 22, 2021
by Megan J. Nelson
Let's Give a Cheer for Free Speech: U.S. Supreme Court Holds School District Cannot Discipline Cheerleader for Off-Campus Snapchat Posts
September 21, 2021
by Christopher J. Conrad
Limiting Charge & the Future of Florida PIP Litigation
September 20, 2021
Considerations in Purchasing Legal Malpractice Insurance, Part II: Coverages
September 20, 2021
by Josh J.T. Byrne
Mandatory Policy Limit Disclosure: How Pre-suit Negotiations in NJ Are Set to Change
September 3, 2021
by Michael J. Sweeney
Defense Digest
On the Pulse…Our Long Island, New York Office
September 1, 2021
by Anna M. DiLonardo
Defense Digest
On the Pulse…Important and Interesting Litigation Achievements…We Are Proud of Our Attorneys for Their Recent Victories*
September 1, 2021
Defense Digest
On the Pulse…Other Notable Achievements
September 1, 2021
What's Hot in Workers' Comp
What's Hot in Workers' Comp - News and Results*
September 1, 2021
What's Hot in Workers' Comp
In four back-to-back appeals, the Appellate Division finds the triennial redetermination of average current monthly earnings was not applicable in New Jersey as a reverse offset state.
September 1, 2021
by Kiara K. Hartwell
What's Hot in Workers' Comp
According to Appellate Division, judges are in the best position to assess credibility and giving more weight to one expert’s opinion is not a basis to reverse a judgment.
September 1, 2021
by Kiara K. Hartwell

Thought Leadership

The Twombly/Iqbal Plausibility Standard Applies to Maritime Complaint Seeking Exoneration from or Limitation of Liability Pursuant to 46 U.S.C. § 30511 et Seq.

Legal malpractice claim not encompassed by arbitration provision in contract for related escrow services.

Delaware legal malpractice claim dismissed because plaintiff failed to produce an expert report before discovery deadline.

Punitive damages under the Florida Civil Rights Act.

Affidavit of Merit against design professional may not be required where underlying factual allegations do not require proof of deviation from professional standard of care.

Regulatory violations under the Consumer Fraud Act do not require proof of an intent to defraud.

Florida Appellate Court Decides that a Master Association Has No Standing to Sue its Condominium Association

An Expert Must Evaluate Applicable Contract Documents in Order to Opine as to Liability

Supreme Court of Connecticut affirmed trial court’s ruling that hospital was not a product seller of pelvic mesh sling and not liable under Connecticut Product Liability Act.

No Unlawful Practice of Dentistry as Defendant Did Not Control Clinical Treatment to Patients or Dentists with Whom it Contracted

Filing notice of temporary compensation payable paying indemnity benefits and then medical-only notice of compensation payable to stop payment does not obligate employer to also file notice stopping temporary compensation payable & notice of compensation.

Reinstatement of benefits was retroactive to the date of a post-Protz II reinstatement petition filed in 2019 and not retroactive to the date of the 2009 IRE.

An attempt to reopen a claim under Protz II is time barred under § 413(a) of the Act as the attempt was made more than three years from the last date benefit payments were received.

What's Hot in Workers' Comp - Special PA Alert*

Personal representative’s status will revert back to petition for benefits’ filing date, even though claimant’s counsel filed this petition and attached an older fraud acknowledgement signed by the decedent prior to his death.

Ohio’s New Employment Law Uniformity Act

The Second Department clarified whether executive orders issued by New York’s governor tolled or suspended the statute of limitations during COVID.

Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?

Despite Attacks, the Regular Use Exclusion to UIM Coverage Lives On

Am I Getting Fired? How to Handle Meetings With Your Facility’s Attorney

Let's Give a Cheer for Free Speech: U.S. Supreme Court Holds School District Cannot Discipline Cheerleader for Off-Campus Snapchat Posts

Limiting Charge & the Future of Florida PIP Litigation

Considerations in Purchasing Legal Malpractice Insurance, Part II: Coverages

Mandatory Policy Limit Disclosure: How Pre-suit Negotiations in NJ Are Set to Change

On the Pulse…Our Long Island, New York Office

On the Pulse…Important and Interesting Litigation Achievements…We Are Proud of Our Attorneys for Their Recent Victories*

On the Pulse…Other Notable Achievements

What's Hot in Workers' Comp - News and Results*

In four back-to-back appeals, the Appellate Division finds the triennial redetermination of average current monthly earnings was not applicable in New Jersey as a reverse offset state.

According to Appellate Division, judges are in the best position to assess credibility and giving more weight to one expert’s opinion is not a basis to reverse a judgment.

Firm Highlights

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

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Favorable Verdict Obtained in Palm Beach County Property Damage Case

Best Lawyers in America Recognition

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

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

Successfully Prosecuted Workers’ Compensation Termination Petition

Dismissal Obtained in New Jersey Realtor Liability Case

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

Ethical Remote Practice of Law in a Post-Pandemic World