Thought Leadership Search Results

2233 results

Case Law Alerts
District Court dismisses claim for insurance benefits against employer, finding it was the plan administrator, not the employer, who made the benefits determination.
April 1, 2021
by Michelle N. Michael
Case Law Alerts
Standing found where a shareholder alleged an individual injury separate and apart from the corporate entity.
April 1, 2021
by Michelle N. Michael
Case Law Alerts
Florida governor shortens statute of limitations for certain employment discrimination claims.
April 1, 2021
Case Law Alerts
The burden shifts to defendants to present evidence of diminution in property value to challenge cost-of-repair damages in construction defect case.
April 1, 2021
Case Law Alerts
Pennsylvania Supreme Court Imposes Strict Liability Standard Arising Under 'Catchall' Provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law
April 1, 2021
Case Law Alerts
Has the Pennsylvania Superior Court limited application of the Muhammad Doctrine in attorney malpractice cases?
April 1, 2021
Case Law Alerts
Court affirms trial court’s granting of partial summary judgment and directed verdict as plaintiffs did not present expert testimony of the alleged defect and causation of the alleged injuries.
April 1, 2021
Case Law Alerts
Specific Language in a Sales Contract Does Not Waive Material Misrepresentations in the Procurement of a Sale
April 1, 2021
by Ariel C. Brownstein
What's Hot in Workers' Comp
Court addresses the retroactivity of the Supreme Court’s decision in Whitmoyer, holding an employer is required to reimburse medical payments as of the date Whitmoyer was decided, not as of date of a signed third-party settlement agreement.
April 1, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
What's Hot in Workers' Comp, Vol. 25, No. 4, April 2021
April 1, 2021
by Linda Wagner Farrell and Francis X. Wickersham
What's Hot in Workers' Comp
The plain language of 440.15(e)(1) allows the employer to obtain a vocational assessment, and the change in attendant care after the PTD acceptance was a sufficient basis to trigger the employer/carrier’s right to a vocational assessment.
April 1, 2021
by Linda Wagner Farrell
What's Hot in Workers' Comp
The nurse can have ex parte communications with the doctor because the claimant acknowledged that she was an agent of the carrier.
April 1, 2021
by Linda Wagner Farrell
What's Hot in Workers' Comp
The language in the petition indicated a dispute was enough to justify the IME. The statute requires that there be a dispute before a party can obtain an IME.
April 1, 2021
by Linda Wagner Farrell
Case Law Alerts
Without any specific inquiry or request from the insured for insurance coverage that might apply to a pandemic-related government closure, the brokers had not breached their duty to obtain requested coverage.
April 1, 2021
by Timothy G. Ventura
Case Law Alerts
Ohio Supreme Court accepts review of duty to defend in opioid litigation.
April 1, 2021
by David J. Fagnilli
Case Law Alerts
Ohio Appellate Court holds the intentional demolition of interior space was not an accident or occurrence that triggered coverage under contractor’s CGL policy.
April 1, 2021
by David J. Fagnilli
Case Law Alerts
An agreement between a university and a teaching hospital that incorporated the 2011 Florida sovereign immunity statute was granted sovereign immunity even though its medical doctor employee provided care to his private patient.
April 1, 2021
by Megan J. Nelson
Child Protective Services Law: Implications of Behavioral Health Organizations
March 31, 2021
Legal Updates for New Jersey Public Entity & Civil Rights
Discovery Rule Applied to Permit Notice of Tort Claim Two Years After Alleged Malpractice
March 25, 2021
by Matthew J. Behr
Legal Updates for Insurance Agents & Brokers
Federal District Judge Dismisses Insurance Broker in Pandemic Case
March 24, 2021
by Estelle Kokales McGrath
Telemedicine Today and the SIU Response
March 22, 2021
by Jeffrey G. Rapattoni
How Changing Cannabis Laws Are Affecting HR Policies in New Jersey
March 22, 2021
by Ashley L. Toth
Legal Updates for Insurance Services
The Third Circuit Confirms that Gallagher Does Not Eradicate All Household Exclusions
March 19, 2021
by Patricia A. Monahan
Legal Updates for Employment Law
New Jersey Supreme Court Establishes Specifics for Employers When It Comes to Protections for Pregnant Employees
March 16, 2021
by Michelle N. Michael
What's Hot in Workers' Comp
What's Hot in Workers' Comp - News and Results
March 15, 2021
The Impact of COVID-19 on the Global IPO Marketplace
March 15, 2021
by Jeremy J. Zacharias RPLU
Better Not Be Late! Workers' Compensation Occupational Exposure Claims
March 15, 2021
by Robert J. Fitzgerald
What's Hot in Workers' Comp
A Workers’ Compensation Judge’s decision that found surgery unrelated to the work injury and said no further treatment was necessary for the injury did not bar a subsequent penalty petition for non-payment of medical expenses related to the injury.
March 15, 2021
by Francis X. Wickersham
What's Hot in Workers' Comp
The court finds that the judge erred by not ruling based on the notice that should have been provided within 52 weeks of the qualifying event versus when the symptoms manifested.
March 15, 2021
by Linda Wagner Farrell
What's Hot in Workers' Comp
Even though the claimant bore a wage loss to his temporary partial disability benefits due to a COVID-19 lay-off, he must still prove the work injury was a contributing causal factor to that wage loss.
March 15, 2021
by Linda Wagner Farrell

Thought Leadership

District Court dismisses claim for insurance benefits against employer, finding it was the plan administrator, not the employer, who made the benefits determination.

Standing found where a shareholder alleged an individual injury separate and apart from the corporate entity.

Florida governor shortens statute of limitations for certain employment discrimination claims.

The burden shifts to defendants to present evidence of diminution in property value to challenge cost-of-repair damages in construction defect case.

Pennsylvania Supreme Court Imposes Strict Liability Standard Arising Under 'Catchall' Provision of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law

Has the Pennsylvania Superior Court limited application of the Muhammad Doctrine in attorney malpractice cases?

Court affirms trial court’s granting of partial summary judgment and directed verdict as plaintiffs did not present expert testimony of the alleged defect and causation of the alleged injuries.

Specific Language in a Sales Contract Does Not Waive Material Misrepresentations in the Procurement of a Sale

Court addresses the retroactivity of the Supreme Court’s decision in Whitmoyer, holding an employer is required to reimburse medical payments as of the date Whitmoyer was decided, not as of date of a signed third-party settlement agreement.

What's Hot in Workers' Comp, Vol. 25, No. 4, April 2021

The plain language of 440.15(e)(1) allows the employer to obtain a vocational assessment, and the change in attendant care after the PTD acceptance was a sufficient basis to trigger the employer/carrier’s right to a vocational assessment.

The nurse can have ex parte communications with the doctor because the claimant acknowledged that she was an agent of the carrier.

The language in the petition indicated a dispute was enough to justify the IME. The statute requires that there be a dispute before a party can obtain an IME.

Without any specific inquiry or request from the insured for insurance coverage that might apply to a pandemic-related government closure, the brokers had not breached their duty to obtain requested coverage.

Ohio Supreme Court accepts review of duty to defend in opioid litigation.

Ohio Appellate Court holds the intentional demolition of interior space was not an accident or occurrence that triggered coverage under contractor’s CGL policy.

An agreement between a university and a teaching hospital that incorporated the 2011 Florida sovereign immunity statute was granted sovereign immunity even though its medical doctor employee provided care to his private patient.

Child Protective Services Law: Implications of Behavioral Health Organizations

Discovery Rule Applied to Permit Notice of Tort Claim Two Years After Alleged Malpractice

Federal District Judge Dismisses Insurance Broker in Pandemic Case

Telemedicine Today and the SIU Response

How Changing Cannabis Laws Are Affecting HR Policies in New Jersey

The Third Circuit Confirms that Gallagher Does Not Eradicate All Household Exclusions

New Jersey Supreme Court Establishes Specifics for Employers When It Comes to Protections for Pregnant Employees

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

The Impact of COVID-19 on the Global IPO Marketplace

Better Not Be Late! Workers' Compensation Occupational Exposure Claims

A Workers’ Compensation Judge’s decision that found surgery unrelated to the work injury and said no further treatment was necessary for the injury did not bar a subsequent penalty petition for non-payment of medical expenses related to the injury.

The court finds that the judge erred by not ruling based on the notice that should have been provided within 52 weeks of the qualifying event versus when the symptoms manifested.

Even though the claimant bore a wage loss to his temporary partial disability benefits due to a COVID-19 lay-off, he must still prove the work injury was a contributing causal factor to that wage loss.

Firm Highlights

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

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

Voluntary Dismissal Obtained in New York Legal Malpractice Matter

Favorable Verdict Obtained in Palm Beach County Property Damage Case

Best Lawyers in America Recognition

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Dismissal Obtained in New Jersey Realtor Liability Case

Ethical Remote Practice of Law in a Post-Pandemic World

Successfully Prosecuted Workers’ Compensation Termination Petition