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Defense Digest

Volume/Digest Number
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Author
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Volume 22, No. 4, December 2016

Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability Authors: John C. Farrell, Daniel Dolente
Defense Digest, Vol. 22, No. 4, December 2016   By John Farrell, Esq. & Daniel Dolente, Esq.* Key Points: Consider retaining an expert outside client’s area of medicine to opine about the standard of care. A second expert opinion could assist..., 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: King of Prussia, Pennsylvania •
Practice Areas: General Liability Authors: Adam M. Sorce
Defense Digest, Vol. 22, No. 4, December 2016   By Adam M. Sorce, Esq.* Key Points: Claims of negligence and breach of contract against insureds in premises liability and property damages cases are increasing. Where a contract exists and controls..., 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: Fort Lauderdale, Florida •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Danielle N. Robinson
Defense Digest, Vol. 22, No. 4, December 2016   By Danielle N. Robinson, Esq.* Key Points: Proposals for settlement are a useful tool. The Faith Freight decision may allow insurers to utilize proposals for settlement in breach of contract cases..., 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: Moosic, Pennsylvania •
Practice Areas: General Liability Authors: Michael J. Connolly
Defense Digest, Vol. 22, No. 4, December 2016   By Michael J. Connolly, Esq.* Key Points: Expert medical evidence not required to support negligent infliction of emotional distress claim. Expert medical evidence required to support intentional..., 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: King of Prussia, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Patrice M. Turenne
Defense Digest, Vol. 22, No. 4, December 2016   By Patrice M. Turenne, Esq.* Key Points: Driving records of employees who operate motor vehicles for governmental agencies should be screened. Governmental agencies should consider having their..., 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: Moosic, Pennsylvania •
Practice Areas: Health Care Liability Authors: Matthew P. Keris
Defense Digest, Vol. 22, No. 4, December 2016   By Matthew P. Keris, Esq.* Key Points: Plaintiffs’ counsel routinely ask defendant doctors for their opinions as to the standard of care in medical malpractice depositions in Pennsylvania. Recent..., 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 •
Authors: G. Mark Thompson
Defense Digest, Vol. 22, No. 4, December 2016   By G. Mark Thompson, Esq., Member, Executive Committee A reporter once asked Winston Churchill what his country’s greatest weapon had been during World War II. Without hesitating, Churchill replied: “..., 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...
Defense Digest, Vol. 22, No. 4, December 2016   Special Appointments Jason Banonis (Allentown, PA) was recently elected treasurer of the Pennsylvania Defense Institute during its annual conference at the Bedford Springs Resort in Bedford,..., 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: Bankruptcy Litigation Authors: Gregory W. Fox
Defense Digest, Vol. 22, No. 4, December 2016   By Gregory W. Fox, Esq.* No matter the industry, it can be very challenging when any person or entity integral to your business files for bankruptcy. Whether it is your client, your customer, your..., 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...
Defense Digest, Vol. 22, No. 4, December 2016   Casualty Department Following a two-day trial in Berks County, Brooks Foland and Brittany Bakshi (Harrisburg, PA) obtained a defense verdict on behalf of our client in a negligence action arising from..., 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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 22, No. 4, December 2016   In this data breach suit, Shane Haselbarth (Philadelphia, PA) succeeded in obtaining the Third Circuit’s affirmance of the District Court’s dismissal of the plaintiffs’ complaint with prejudice. The..., 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: Cincinnati, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., 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: Cleveland, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., 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: Cleveland, Ohio •
Practice Areas: Employment Law Authors: Keith Hansbrough
Defense Digest, Vol. 22, No. 4, December 2016 By Keith Hansbrough, Esq.* Key Points: Ohio Revised Code § 4123.90 allows employees to bring retaliation claims against employers regarding the filing of a workers’ compensation claims. A prima facie..., 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: Cincinnati, Ohio •
Practice Areas: Bankruptcy Litigation Authors: Stephen M. Wagner
Defense Digest, Vol. 22, No. 4, December 2016   By Stephen M. Wagner, Esq.* Key Points: Excess D&O liability insurance not triggered absent payment of limits of liability of underlying policies. Excess D&O insurance policies do not protect..., 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: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: EEOC rules amend GINA regulations, create new ADA regulations, and provide guidance to employers regarding how workplace wellness program can comply with ADA 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: Cincinnati, Ohio •
Practice Areas: Professional Liability Authors: David J. Oberly
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: Ohio has a one-year statute of limitations for legal malpractice claims. This discovery rule may enhance the effect of this limited period. Defense practitioners..., 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: Pittsburgh, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: April L. Cressler
Defense Digest, Vol. 22, No. 4, December 2016   By April L. Cressler, Esq.* Key Points: The increase in media coverage of negative law enforcement stories is leading to a rise in civil suits. Plaintiffs appear emboldened by the anti-police rhetoric..., 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: Cherry Hill, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 22, No. 4, December 2016   By Robert J. Fitzgerald, Esq.* Key Points: New Jersey’s workers’ compensation statute allows employers to assert a lien against any negligent third party that causes the work injury. New Jersey has a..., 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...

Volume 22, No. 3, September 2016

Offices: Cincinnati, Ohio •
Practice Areas: Health Care Liability Authors: Stephen M. Wagner
Defense Digest, Volume 22, No. 3, September 2016   By Stephen M. Wagner, Esq.* Key Points: A health care entity cannot be held vicariously liable for a physician’s negligence unless the negligent physician is properly named in the case and found...,   Defense Digest, Vol. 22, No. 3, September 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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