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Defense Digest

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Volume 21, No. 4, December 2015

Casualty Meg Kelly (Scranton, PA) obtained a defense verdict in a recent binding arbitration in Lackawanna County, Pennsylvania. The plaintiffs, an elderly couple in their 80s, were crossing the street from a parking lot to go to their daughter’s..., Defense Digest, Vol 21, No. 4, December 2015 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
Shane Haselbarth (Philadelphia, PA) obtained a judgment in the Court of Appeals for the Eleventh Circuit affirming the entry of judgment as a matter of law by the Middle District of Florida in favor of Marshall Dennehey’s client, an employer with a..., Defense Digest, Vol 21, No. 4, December 2015 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...
Marshall Dennehey received the “Distinguished Defense Firm Award” at the annual meeting of the Pennsylvania Defense Institute (PDI). The inaugural award honors a civil defense firm devoted to professionalism, dedication to the practice of law,..., Defense Digest, Vol 21, No. 4, December 2015 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: Asbestos and Mass Tort Litigation Authors: Daniel J. Ryan Jr.
By Daniel J. Ryan, Jr., Esq.* Litigation related to asbestos injuries is one of the longest-running mass torts in United States history. Marshall Dennehey’s Asbestos and Mass Tort Litigation Practice Group has been involved since a flood of this..., Defense Digest, Vol 21, No. 4, December 2015 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 •
Authors: Timothy J. McMahon
By Timothy J. McMahon, Esq.* More than 30 years ago, Marshall Dennehey began serving the firm’s clients in central Pennsylvania from our Harrisburg office, which currently has over 20 attorneys, including 11 shareholders. Consistent with our..., Defense Digest, Vol 21, No. 4, December 2015 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: Lori O. Strauss
by Lori O. Strauss, Esq.*   Key Points: Mediation in workers’ compensation cases eliminates the uncertainty of an outcome determined by a judge. Several strategies can help to ensure a successful mediation.   In 2006, an amendment to the..., Defense Digest, Vol 21, No. 4, December 2015 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: Public Entity and Civil Rights Litigation Authors: Christopher J. Conrad
By Christopher J. Conrad, Esq.*   Key Points: Absent certain statutory exceptions, parents have two years from the date they knew or should have known of a violation of the IDEA to request a due process hearing through the filing of an..., Defense Digest, Vol 21, No. 4, December 2015 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: Employment Law Authors: Candace D. Embry
By Candace D. Embry, Esq.*   Key Points Use of temporary or contract workers has increased in workplaces nationwide. Contractual agreements that name the supplying organization as sole employer of temporary workers may not be sufficient to insulate..., Defense Digest, Vol 21, No. 4, December 2015 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: Product Liability Authors: Vlada Tasich
By Vlada Tasich, Esq.*   Key Points: Tincher v. Omego Flex left the future of Pennsylvania product liability law in limbo. “Targeted advocacy” since Tincher has yielded positive gains for defendants. Pennsylvania strict liability law is in a better..., Defense Digest, Vol 21, No. 4, December 2015 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 21, No. 3, September 2015

Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty
By Christopher E. Dougherty, Esquire - Chairman of the Board Bruce Jenner is now Caitlyn. The Confederate Flag has been removed from the South Carolina capitol building. The United States and other world powers reached a nuclear arms agreement with..., Defense Digest, Vol. 21, No. 3, September 2015 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: Workers' Compensation Authors: Robert J. Fitzgerald
By Robert J. Fitzgerald, Esq.* Key Points: The court will uphold an imposition of sanctions for failure to comply with orders for medical and temporary benefits. While the amount of a sanction is limited to $5,000, the court will also allow an..., Defense Digest, Vol. 21, No. 3, September 2015 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: General Liability Authors: Armand J. Della Porta Jr.
By Armand J. Della Porta Jr., Esq.* Key Points: What is the value of medical services in Delaware? Under a recent decision of the Delaware Supreme Court, a plaintiff can submit to the jury the amount Medicare paid for medical services, not the..., Defense Digest, Vol. 21, No. 3, September 2015 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: Tampa, Florida •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Lindsay G. McCormick
By Lindsay G. McCormick, Esq.* Key Points: The rules of insurance contract interpretation continue to be primary considerations for construction defect claims. A 558 Notice does not constitute a “suit” for Florida insurance terms. Depending on..., Defense Digest, Vol. 21, No. 3, September 2015 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: Workers' Compensation Authors: Ross A. Carrozza
By Ross A. Carrozza, Esq.* Key Points: Based on Little, in pulmonary cases it is important to determine if the claimant has a pre-existing condition that is aggravated by work exposure, or whether a new condition has developed as a result of the..., Defense Digest, Vol. 21, No. 3, September 2015 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: Insurance Coverage/Bad Faith Litigation Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: The doctrine of judicial estoppel precludes parties from taking differing positions on the same issue in separate legal proceedings. Where an individual undervalues his or her property in bankruptcy, judicial..., Defense Digest, Vol. 21, No. 3, September 2015 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: Long-Term Care Liability Authors: Frank P. Leanza, Ryan Thomas Gannon
By Frank P. Leanza, Esq. and Ryan T. Gannon, Esq.* Key Points: No cause of action exists in nursing home negligence cases based on a defendant’s “responsibilities” under the state and federal nursing home statutes. Based on the holding in..., Defense Digest, Vol. 21, No. 3, September 2015 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: General Liability Authors: Brad E. Haas
By Brad E. Haas, Esq.** Key Points: Self-deleting applications create many questions for attorneys and clients with respect to spoliation. Counsel and clients must evaluate the risks associated with the use of such apps once a preservation..., Defense Digest, Vol. 21, No. 3, September 2015 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: Insurance Coverage/Bad Faith Litigation Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: Ohio Supreme Court holds that “an insurance provision that excludes coverage for acts committed with the deliberate intent to injure an employee precludes coverage for employer intentional torts, which require..., Defense Digest, Vol. 21, No. 3, September 2015 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 Eric Weiss, Eric Yun, Shane Haselbarth and John Hare (Philadelphia, PA) obtained summary judgment on behalf of a large Japanese equipment manufacturer in a catastrophic brain injury case in a product liability action in Armstrong..., Defense Digest, Vol. 21, No. 3, September 2015 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
John Hare and Shane Haselbarth (Philadelphia, PA) convinced the Superior Court of Pennsylvania to affirm the entry of summary judgment in favor of a large Japanese equipment manufacturer in a catastrophic brain injury case in a product liability..., Defense Digest, Vol. 21, No. 3, September 2015 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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