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Defense Digest

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Volume 25, No. 2, June 2019

Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Ashley S. Talley
Defense Digest, Vol. 25, No. 2, June 2019 By Ashley S. Talley, Esq.* Key Points: Apply Baxter when there is an aggravation of an unrelated pre-existing condition and Little when the pre-existing condition is work-related. It is irrelevant...,   Defense Digest, Vol. 25, No. 2, June 2019. 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: Erie, Pennsylvania •
Practice Areas: General Liability Authors: G. Michael Garcia II
Defense Digest, Vol. 25, No. 2, June 2019 By G. Michael Garcia II, Esq.* Key Point: A defendant’s negligence may be non-causal, even where a plaintiff has been injured. Two recent Superior Court cases reaffirm this principle.   Generally...,   Defense Digest, Vol. 25, No. 2, June 2019. 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: Camp Hill, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Allison L. Krupp, Christopher W. Woodward
Defense Digest, Vol. 25, No. 2, June 2019 By Allison L. Krupp, Esq. and Christopher W. Woodward, Esq. * Key Points: Household vehicle exclusions had been routinely and repeatedly upheld by Pennsylvania courts prior to the Gallagher v. GEICO...,   Defense Digest, Vol. 25, No. 2, June 2019. 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 •
Authors: G. Mark Thompson
Defense Digest, Vol. 25, No. 2, June 2019 By G. Mark Thompson, Esq., President & CEO “Innovation distinguishes between a leader and a follower.”                                                                          - Steve Jobs Earlier this...,       Defense Digest, Vol. 25, No. 2, June 2019. 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: King of Prussia, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation, Automobile Liability Authors: Michael L. Detweiler
Defense Digest, Vol. 25, No. 2, June 2019 By Michael L. Detweiler, Esq.* Key Points: Claims against local governmental agencies pursuant to vehicle liability exception were actionable only if harm was caused by the voluntary movement of a...,   Defense Digest, Vol. 25, No. 2, June 2019. 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: General Liability Authors: Thomas J. O'Malley
Defense Digest, Vol. 25, No. 2, June 2019 By Thomas J. O’Malley, Esq.* Key Points: Check to see if there is relevant information in a plaintiff’s social media account. Ask the plaintiff if her social media account is private or open to the...,     Defense Digest, Vol. 25, No. 2, June 2019. 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...
Defense Digest, Vol. 25, No. 2, June 2019 Recognition John J. Hare (Philadelphia, PA), co-chair of the Appellate Advocacy and Post-Trial Practice Group, and Heather Russell Fine (Philadelphia, PA), shareholder in the firm’s Casualty Department, have..., Defense Digest, Vol. 25, No. 2, June 2019. 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: Rye Brook, New York •
Authors: Christopher E. Dougherty, Harold L. Moroknek
Defense Digest, Vol. 25, No. 2, June 2019 by Christopher E. Dougherty, Esq. We in senior management frequently talk about—and are very proud of—the culture of our firm. That culture is generated and sustained by teamwork, unselfishness, trust,..., Defense Digest, Vol. 25, No. 2, June 2019. 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. 25, No. 2, June 2019 Casualty Department In a case where the plaintiff claimed she sustained serious injuries due to a rear-end motor vehicle accident, Leo A. Bohanski (Scranton, PA) obtained a defense verdict in a jury trial...., *Prior Results Do Not Gaurantee A Similar Outcome Defense Digest, Vol. 25, No. 2, June 2019. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers....
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 25, No. 2, June 2019 In a workers’ compensation appeal, Audrey Copeland (King of Prussia, PA) successfully defended against the claimant’s appeal of the Workers’ Compensation Appeal Board’s decision that reinstated the claimant’..., *Prior Results Do Not Gaurantee A Similar Outcome  , Defense Digest, Vol. 25, No. 2, June 2019. 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 •
Practice Areas: Insurance Agents & Brokers Liability Authors: Eric A. Fitzgerald CPCU, CLU
Defense Digest, Vol. 25, No. 2, June 2019 By Eric A. Fitzgerald, CPCU CLU* Marshall Dennehey represents retail and wholesale insurance agencies and brokerage firms of all sizes and sophistication, ranging from family-owned businesses to nationally-..., Defense Digest, Vol. 25, No. 2, June 2019. 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: Allentown, Pennsylvania •
Authors: Jason Banonis
Defense Digest, Vol. 25, No. 2, June 2019 By Jason Banonis, Esq.* Allentown, Pennsylvania bears little resemblance to its description in the 1982 Billy Joel hit song, written to depict a depressed, blue collar world of the Lehigh Valley in the wake...,   Defense Digest, Vol. 25, No. 2, June 2019. 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: Retail Liability, General Liability Authors: Daniella R. Price
Defense Digest, Vol. 25, No. 2, June 2019 By Daniella R. Price, Esq.* Key Points: A business or property owner’s conscious and unilateral decision to preserve only a fraction of the requested video because of a “rule of thumb” constitutes...,   Defense Digest, Vol. 25, No. 2, June 2019. 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: Pittsburgh, Pennsylvania •
Practice Areas: Health Care Liability Authors: Anthony J. Williott
Defense Digest, Vol. 25, No. 2, June 2019 By Anthony J. Williott, Esq.* Key Points: Plaintiffs’ counsel statewide are focusing on jury selection issues. Defense counsel should be prepared for issues that my arise during jury selection.  ...,   Defense Digest, Vol. 25, No. 2, June 2019. 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...

Volume 25, No. 1, March 2019

Offices: King of Prussia, Pennsylvania •
Practice Areas: Professional Liability, Health Care Liability , General Liability Authors: David J. Krolikowski
Defense Digest, Vol. 25, No. 1, March 2019 Click to read article:  An Analysis of Commonly Used Statistics to Aid in the Development of Frye and Daubert Challenges     *Dave is a shareholder in our King of Prussia, Pennsylvania office. He can be..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Workers' Compensation Authors: Daniel W. Deitrick
Defense Digest, Vol. 25, No. 1, March 2019 By Daniel W. Deitrick, Esq.* Key Points: For purposes of subrogation under Section 319 of the Pennsylvania Workers’ Compensation Act, the Supreme Court held that the future credit/reimbursement rate..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Jacksonville, Florida •
Practice Areas: Workers' Compensation Authors: Linda Wagner Farrell
Defense Digest, Vol. 25, No. 1, March 2019 By Linda Wagner Farrell, Esq.* Key Points: Recent evidentiary order seeks to limit substantive content of ex parte conferences with authorized treating providers. Judge ruled the employer or its..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Insurance Coverage/Bad Faith Litigation
Defense Digest, Vol. 25, No. 1, March 2019 By Andrew T. Rhoads, Esq.* Key Points: Courts have issued conflicting decisions as to what constitutes bad faith. Two recent decisions of the U.S. District Court for the Middle District of Pennsylvania..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Practice Areas: General Liability Authors: Joan P. Depfer
Defense Digest, Vol. 25, No. 1, March 2019 By Joan P. Depfer, Esq.* Key Points: Limited tort litigation is defensible, and there are strategies available for a successful defense at every step of the case. Shape a defense with creative use of..., Defense Digest, Vol. 25, No. 1, March 2019. 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. 25, No. 1, March 2019 By Christopher E. Dougherty, Esq. Chairman, Executive Committee “Never be too big to do the small things that need to be done.” Having crossed over the New Year threshold, and similar to what individuals do..., Defense Digest, Vol. 25, No. 1, March 2019. 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...

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