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Defense Digest

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Author
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Volume 23, No. 1, March 2017

Offices: Fort Lauderdale, Florida •
Practice Areas: Appellate Advocacy and Post-Trial Practice Authors: Courtney B. Shapero
Defense Digest, Vol. 23, No. 1, March 2017 by Courtney B. Shapero, Esquire Key Points: The time to appeal an order must be calculated correctly. The consequences of miscalculating the time within which to appeal are severe.   You are in court at a..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Shannon Fellin
Defense Digest, Vol. 23, No. 1, March 2017 By Shannon Fellin, Esquire Key Points: When attorneys’ fee awards are paid and then later reversed, the proper remedy is a refund from claimant’s counsel, not from the Supersedeas Fund. Principles of..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
Defense Digest, Vol. 23, No. 1, March 2017 by David J. Oberly, Esquire Key Points: Beginning in March 2018, the EEOC will start collecting summary employee pay data on modified EEO-1 Reports. In implementing these new requirements, the EEOC has..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Health Care Liability Authors: Ryan J. King
Defense Digest, Vol. 23, No. 1, March 2017 by Ryan J. King, Esquire Key Points: Pennsylvania law limits the amount of opioid pain medication licensed health care providers can prescribe from an emergency department or urgent care facility. Those..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Michael R. Duffy
Defense Digest, Vol. 23, No. 1, March 2017 by Michael R. Duffy, Esquire Key Points: Under New Jersey Workers’ Compensation statute, an employer can “control” a parking lot even when it does not own the lot. The Appellate Division affirmed a Judge..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Cincinnati, Ohio •
Practice Areas: General Liability
Defense Digest, Vol. 23, No. 1, March 2017 by Stephen M. Wagner, Esquire Key Points: In Kentucky, the open-and-obvious doctrine is no longer a complete bar to recovery. Liability under Kentucky law must be determined by principles of comparative..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty
Defense Digest, Vol. 23, No. 1, March 2017 By Christopher E. Dougherty, Esquire, Chairman of the Board of Directors March is upon us, but one can’t move forward without looking back. Unquestionably, 2016 was marked by extraordinary events—defining a..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Tampa, Florida •
Practice Areas: General Liability Authors: Michael G. Archibald
Defense Digest, Vol. 23, No. 1, March 2017 by Michael G. Archibald, Esquire Key Points: Negligent security law in Florida is plaintiff-oriented. Experts should be permitted to utilize circumstantial evidence to provide opinions as to whether crime..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest, Vol. 23, No. 1, March 2017   Casualty Department Alicia Smith (Cherry Hill, NJ) and Teagan Allen (Roseland, NJ) obtained summary judgment on behalf of a skating rink in Middlesex County, New Jersey. The plaintiff made a claim for..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 23, No. 1, March 2017 Audrey Copeland (King of Prussia, PA) convinced the Pennsylvania Commonwealth Court to affirm the underlying decision denying the claim petition in a workers’ compensation appeal where the claimant argued..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest, Vol. 23, No. 1, March 2017   New Practice Group Launched Marshall Dennehey recently launched a new practice group within the Casualty Department. Led by Ralph Bocchino (Philadelphia, PA) the Social Services & Human Services..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Birth and Catastrophic Injury Litigation Authors: T. Kevin FitzPatrick
Defense Digest, Vol. 23, No. 1, March 2017 by T. Kevin FitzPatrick, Esquire Defending high-exposure cases is routine throughout our Health Care Department, but separate and apart are the litigation matters being handled by the attorneys in our Birth..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: New York, New York •
Authors: Jeffrey J. Imeri
Defense Digest, Vol. 23, No. 1, March 2017 by Jeffrey J. Imeri, Esquire Since its opening in April 2008, our New York City office has grown from three attorneys to over 30 in the most competitive legal market in the country. This achievement is not..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Michael A. Alberico
Defense Digest, Vol. 23, No. 1, March 2017 by Michael A. Alberico, Esquire Key Points: Pre-injury liability waivers are unenforceable against gross negligence claims. Gross negligence is now more akin to negligence on the liability continuum,..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: New York, New York •
Practice Areas: Construction Injury Litigation Authors: Seth A. Frankel
Defense Digest, Vol. 23, No. 1, March 2017 by Seth A. Frankel, Esquire Key Points: The Appellate Division, First Department, narrows instances where it will find that the sole proximate cause defense to Labor Law § 240 is applicable. Courts have..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: School Leaders' Liability Authors: Christopher J. Conrad
Defense Digest, Vol. 23, No. 1, March 2017 by Christopher J. Conrad, Esquire Key Points Parents of children with special needs who allege educational harm must exhaust administrative remedies under the IDEA before filing suit in federal court. Once..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Stuart H. Sostmann
Defense Digest, Vol. 23, No. 1, March 2017 by Stuart H. Sostmann, Esquire Key Points: Conspicuous release language in recreational activity waivers are not against public policy and are not contracts of adhesion. Requiring a signature on an..., Defense Digest, Vol. 23, No. 1, March 2017. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...

Volume 22, No. 4, December 2016

Offices: Fort Lauderdale, Florida •
Practice Areas: Professional Liability Authors: Jeannie A. Hanrahan, Devon A. Woolard
Defense Digest, Vol. 22, No. 4, December 2016   By Jeannie A. Hanrahan, Esq. & Devon A. Woolard, Esq.* Key Points: Florida clarifies that challenge to an association’s governing documents must be brought within five years of its recording or..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Mount Laurel, New Jersey •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Douglas D. Suplee
Defense Digest, Vol. 22, No. 4, December 2016   By Douglas D. Suplee, Esq.* Key Points: Arbitration agreements must be clear and unambiguous as a starting point. An arbitration agreement should explain, in layman’s terms, what arbitration is and..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Ashley S. Talley
Defense Digest, Vol. 22, No. 4, December 2016   By Ashley S. Talley, Esq.* Key Points: The presumption of compensability in § 301(f) of the Workers’ Compensation Act is inapplicable to the 600-week time frame for filing a claim petition under § 108..., Defense Digest, Vol. 22, No. 4, December 2016. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...

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