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Defense Digest

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Volume 22, No. 2, June 2016

Offices: Orlando, Florida •
Practice Areas: Health Care Liability Authors: David R. Bear
By David R. Bear, Esq.* Key Points: Since 2004, based upon a constitutional amendment known as Amendment VII, Florida patients have a right to access any records made in the course of business and all adverse incident records. Amendment VII..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Long-Term Care Liability Authors: Sharon A. Campbell-Suplee
By Sharon Campbell-Suplee, Esq.* Key Points: Arbitration agreements, as utilized by long-term care facilities, have historically been judicially favored. Case law in New Jersey indicates such agreements are not in favor with the courts here, who..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Employment Law Authors: Ashley L. Toth
By Ashley L. Toth, Esq.* Key Points: New Jersey permits employees to specifically waive/limit their statutory and common law rights in pre-employment contracts. Current law permits employers to limit an employee’s two-year statute of limitations..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
By Robert J. Fitzgerald, Esq.* Key Points: The burden of proof remains on the petitioner to show that injuries both arose out of and were sustained in the course and scope of employment. While an intentional workplace assault can be compensable, it..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Orlando, Florida •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Robert Garcia
By Robert Garcia, Esq.* Key Points: In enacting the anti-SLAPP statute, the Florida legislature intended to expeditiously dispose of lawsuits involving an individual’s expression of free speech on public issues. The anti-SLAPP statute’s requirement..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Workers' Compensation Authors: John C. Swartz Jr.
By John C. Swartz, Jr., Esq.* Key Points: Impairment Rating Evaluation allows an employer/carrier to limit liability to 500 weeks of workers’ compensation indemnity benefits once the claimant has received 104 weeks of temporary total disability..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Employment Law Authors: Candace D. Embry
By Candace D. Embry, Esq.* Key Points: Social media policies that “tend to chill” employees’ right to organize or engage in protected concerted activity may violate the National Labor Relations Act. Employers may avoid unexpected exposure to..., Defense Digest, Vol 22, No. 2, June 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 legal...
Casualty Department After a seven-day trial, Bradley Blystone and Andrea Diederich (Orlando, FL) obtained a defense verdict in favor of a resort in a case in which the plaintiff alleged that he slipped and fell on the handle of an unattended dustpan..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Shane Haselbarth (Philadelphia, PA) garnered a unanimous judgment in the Pennsylvania Superior Court affirming a defense verdict at trial and rejecting allegations of trial error. Marshall Dennehey’s client was a hospital in which an ear, nose and..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Bankruptcy Litigation Practice Group Launched We recently launched a Bankruptcy Litigation Practice Group within our Professional Liability Department. This practice group will counsel and defend clients in all aspects of bankruptcy-related..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Aviation and Complex Litigation Authors: J. Bruce McKissock
By J. Bruce McKissock, Esq.* The Aviation & Complex Litigation Practice Group at Marshall Dennehey is led by three attorneys with a combined experience of over 70 years in litigating aviation-related matters. One member of the team is a..., Defense Digest, Vol 22, No. 2, June 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 legal...
Offices: King of Prussia, Pennsylvania •
Authors: Wendy J. Bracaglia
By Wendy J. Bracaglia, Esq.* To many people, King of Prussia means shopping. But just as captivating are King of Prussia’s ties to our country’s history. At Valley Forge National Park, which is only minutes away from our office, George Washington’s..., Defense Digest, Vol 22, No. 2, June 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 legal...
Offices: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: In New Breed Logistics, the Sixth Circuit Court of Appeals significantly expanded the scope of “protected” activity under the opposition clause of Title VII’s retaliation provision. Now, simply saying “no” to a..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: King of Prussia, Pennsylvania •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Gregory J. Kelley
By Gregory J. Kelley, Esq.* The False Information Need Not Be Expressly Misrepresented, and How Specific the Allegations Must Be Remains Subjective Key Points: A contractor’s claim against a design professional for additional costs on a project..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability Authors: Kyle M. Heisner
By Kyle M. Heisner, Esq.* Key Points: F.R.E. 502(d) was enacted to reduce the risk of waiving privilege or protection associated with producing voluminous documents or e-discovery. A properly tailored 502(d) order will allow a party to clawback any..., Defense Digest, Vol. 22, No. 2, June 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 legal...
Offices: Roseland, New Jersey •
Practice Areas: Hospitality and Liquor Liability Authors: Teagan S. Allen
By Teagan S. Allen, Esq.* Key Points: Eyewitness testimony is not required to establish that a licensed alcoholic beverage server violated the New Jersey Dram Shop Act. The “relation back” opinion of a toxicologist remains insufficient on its own..., Defense Digest, Vol. 22, No. 2, June 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 legal...

Volume 22, No. 1, March 2016

Offices: Philadelphia, Pennsylvania •
Authors: G. Mark Thompson
By G. Mark Thompson, Esq., Member, Executive Committee “I have always thought that what is needed is the development of people who are interested not in being leaders as much as developing leadership in others..., Defense Digest, Vol 22, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Kristin E. Shicora
By Kristin E. Shicora, Esq.* Key Points: Sliker v. National Feeding Systems, Inc., et al. is a notable post-Tincher decision dealing with evidentiary issues at trial for defendants in strict product liability claims. A user’s negligence is..., Defense Digest, Vol 22, No. 1, March 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
By Robert J. Fitzgerald, Esq.* Key Points: A petitioner who cannot return to work may be eligible for permanent/total disability benefits. The Second Injury Fund pays benefits when pre-existing conditions partly contribute to a petitioner’s..., Defense Digest, Vol 22, No. 1, March 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 legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Professional Liability Authors: Nicole M. Ehrhart
By Nicole M. Ehrhart, Esq.* Key Points: The attorney-client privilege is the oldest of the privileges. A client can easily waive the privilege by placing the advice of counsel at issue in litigation.   The United States District Court for the..., Defense Digest, Vol 22, No. 1, March 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 legal...

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