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Defense Digest

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Author
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Volume 22, No. 3, September 2016

Offices: Wilmington, Delaware •
Practice Areas: Workers' Compensation Authors: Linda L. Wilson
By Linda L. Wilson, Esq.* Key Points: A contractor can be liable for a workers’ compensation claim even though that contractor never employed the injured individual. Be wary of subcontracting with a subcontractor that is not principally located in...,   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...
Offices: Wilmington, Delaware •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Thomas J. Gerard
By Thomas J. Gerard, Esq.* Key Points: When does the statute of limitations begin to run in Delaware cases involving bad faith failure to settle? The Delaware Supreme Court has decided that the statute begins to run when an excess judgment becomes...,   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...
Offices: Jacksonville, Florida •
Practice Areas: General Liability Authors: R. Thomas Roberts, Amanda L. Ingersoll
By R. Thomas Roberts, Esq. & Amanda L. Ingersoll, Esq.* Key Points: The negligent mode of operation theory is no longer viable in slip-and-fall cases involving foreign, transitory substances. Florida statutory law establishes the burden of...,   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...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation
By Melissa D. Cochran, Esq.* Key Points: The “bare metal” defense is the theory that a product manufacturer cannot be held liable for alleged harms caused by asbestos component parts used with its product when it did not manufacture, distribute or...,   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...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: New OSHA rule expands requirements to report and submit workplace injuries/illnesses. Reports are now available publicly. Additional anti-retaliation components give more protection to employees reporting...,   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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investments Professional Liability Authors: Denis C. Dice
By Denis C. Dice, Esq.* Key Points: FINRA Dispute Resolution Task Force issues final report with multiple recommended actions. FINRA Board of Governors only authorized for filing with the SEC three proposed amendements.   FINRA organized the FINRA...,   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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability Authors: Laurianne Falcone
By Laurianne Falcone, Esq.* Key Points: The production of surveillance evidence to opposing counsel depends on discovery requests and timing. The trial judge has latitude to admit or exclude surveillance evidence depending on the facts of your case...,   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...
Offices: Roseland, New Jersey •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Howard Mankoff, Audrey L. Copeland
By Howard Mankoff, Esq. and Audrey Copeland, Esq.* Key Points: RLUIPA litigation is costly and challenging. Insurers of municipalities faced with a request to defend RLUIPA litigation must resolve the thorny issue of whether they will be defending...,   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...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Howard Mankoff, Audrey L. Copeland
By Howard Mankoff, Esq. and Audrey Copeland, Esq.* Key Points: RLUIPA litigation is costly and challenging. Insurers of municipalities faced with a request to defend RLUIPA litigation must resolve the thorny issue of whether they will be defending...,   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...
Offices: Philadelphia, Pennsylvania •
Authors: Thomas A. Brophy
By Thomas A. Brophy, Esquire, President & CEO When Mark Thompson, the newest member of our Executive Committee, relocated to Philadelphia from his home and practice in Orlando, Florida, he asked what he might do to become more familiar with the...,   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...
Casualty Department James Johnson (Cherry Hill, NJ) saw the claimant voluntary withdraw an arbitration demand that involved first-party claimed medical expenses in excess of $163,000. Jim relied upon a favorable IME and the medical records review...,   *Prior Results Do Not Guarantee A Similar Outcome 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...
Special Appointments David Wolf (Philadelphia, PA) was elected president of the Philadelphia Association of Defense Counsel (PADC) at the organization’s recent meeting. David’s one-year term as president began June 7th. Alex Norman (Philadelphia, PA...,   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...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Professional Liability Authors: Edwin A.D. Schwartz
By Edwin A.D. Schwartz, Esq.* Everyone likes surprises, but not all surprises are well-liked. This can be especially true when you receive notification from the state disciplinary board that a former client, colleague or opposing counsel has...,   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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Audrey Copeland (King of Prusia, PA) secured a decision from the Commonwealth Court of Pennsylvania in favor of the employer in a Pennsylvania workers’ compensation matter. The court affirmed the denial of a claim petition and the grant of a...,   *Prior Results Do Not Guarantee A Similar Outcome 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...
Offices: Melville, New York •
Authors: Anna M. DiLonardo
By Anna M. DiLonardo, Esq.* For five years now I have had the honor of being the managing attorney for the Long Island office of Marshall Dennehey Warner Coleman & Goggin. When I joined the firm in October 2011 and opened the doors of the firm's...,   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...
Offices: Moosic, Pennsylvania •
Practice Areas: General Liability Authors: Maureen E. Kelly
By Maureen Kelly, Esq.* Key Points: Social media discovery should be part of your litigation plan from start to finish. Social media posts can be relevant to a party’s state of mind, bias, motive and credibility.   We live in a world consumed by...,   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...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investments Professional Liability Authors: Samuel E. Cohen
By Samuel E. Cohen, Esq.* Key Points: Protecting seniors from financial exploitation is a goal of recently proposed legislation at the state and federal levels. Distinction between state and federal legislation as to whether reporting of suspected...,   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...
Offices: Moosic, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Robert E. Smith
By Robert E. Smith, Esq.* Key Points: Superior Court has yet to specifically address the argument of whether “due process” requires the UIM carrier to be identified. Court reiterates that a jury’s lack of knowledge that the UIM carrier was a party...,   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...
Offices: Cherry Hill, New Jersey •
Practice Areas: Professional Liability Authors: Jeremy J. Zacharias
By Jeremy J. Zacharias, Esq.* Key Points: The New Jersey Supreme Court holds that a non-client would be awarded counsel fees only in cases where there is a finding that the attorney intentionally breached a fiduciary duty. This decision is of...,   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...
Offices: Rye Brook, New York •
Practice Areas: General Liability Authors: Angela M. Evangelista
By Angela M. Evangelista, Esq.* Key Points: Understanding venue rules in New York personal injury litigation. CPLR Article 5: What you need to know about venue.   The rules relating to the venue of civil actions are found in Article 5 of the Civil...,   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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