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Defense Digest

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Volume 21, No. 3, September 2015

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...
The Maritime Litigation Practice Group in our New York City office has once again been recognized among the top national maritime practices in the 2015 edition of Chambers USA: America’s Leading Lawyers for Business. Recognized in the Nationwide:..., 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: Fort Lauderdale, Florida •
Authors: Craig S. Hudson
By Craig S. Hudson, Esq.* “Time changes everything except something within us which is always surprised by change.” – Thomas Hardy After practicing law in Philadelphia for 21 years, the last 13 with Marshall Dennehey, I relocated to the firm’s Fort..., 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: Cherry Hill, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: John H. Osorio
By John H. Osorio, Esq.* Marshall Dennehey’s Architectural, Engineering & Construction Defect Litigation Practice Group is focused on defending litigation matters related to the construction industry. Whether it is a basement wall collapse in a..., 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: Camp Hill, Pennsylvania •
Practice Areas: Professional Liability Authors: Nicole M. Ehrhart
By Nicole M. Ehrhart, Esq.* Key Points: Dissatisfaction is not a cause of action against one’s legal counsel. A litigant who merely wishes to second guess a decision based upon speculation of a better deal will have no recourse. To maintain a claim..., 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: Health Care Liability Authors: Brett C. Shear
By Brett C. Shear, Esq.* Key Points: The Pennsylvania Peer Review Protection Act provides confidentiality protection for peer review records, proceedings and findings. The confidentiality provisions of the Act continue to be eroded.   The Peer..., 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: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Ashley S. Talley
By Ashley S. Talley, Esq.* Key Points: The unrepresented status of a claimant does not immediately afford additional time to present medical evidence. The denial of a request for continuance does not necessarily amount to a deprivation of due..., 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...

Volume 21, No. 2, June 2015

Authors: G. Mark Thompson
"The first rule of sustainability is to align with natural forces, or at least not try to defy them."                                                        - Paul Hawken Throughout the country, law firms that practice defense litigation are...,   Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Professional Liability Authors: Charlene S. Seibert
Key Points: Intended third-party beneficiary theory is a limited exception to the strict privity requirement in suits for attorney legal malpractice in Pennsylvania. The Superior Court of Pennsylvania in Estate of Robert Agnew v. Ross now permits..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Cherry Hill, New Jersey •
Practice Areas: Professional Liability Authors: Jeremy J. Zacharias
Key Points: To support claims of professional negligence liability, an affidavit of merit must be issued by a professional who is licensed within the same profession as the defendant. This “like-licensed” requirement applies even where the relevant..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Robert P. Schenk
Key Points: Section 440 of the Pennsylvania Worker’s Compensation Act gives the claimant the right to attorney’s fees if the employer contests their petition unreasonably. That right does not extend to employers at the trial level. The Commonwealth..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability Authors: Eric I. Yun
Key Points: Vigorous contest of liability can significantly reduce damages awarded. Damages may also be limited by establishing the subjective nature of a plaintiff’s injuries.   Although the contest of liability is often (for obvious reasons)..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Orlando, Florida •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Andrea L. Diederich
  Key Points: After applying the 5 percent inflation increase, the new caps are actually a decrease from the prior caps, allowing a plaintiff to recover less. The caps do not apply in cases involving culpable negligence or willful and wanton..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Practice Areas: Workers' Compensation Authors: Niki T. Ingram, Kacey C. Wiedt
Marshall Dennehey Warner Coleman & Goggin has been protecting and defending employers and insurance carriers in the litigation of workers’ compensation matters for 40 years. What began as a practice group in the 1970s became an established...,   Defense Digest, Vol. 21, No. 2, June 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 legal...
Offices: Doylestown, Pennsylvania •
Authors: R. Anthony Michetti
Marshall Dennehey’s Bucks County office is located in Doylestown, Pennsylvania, the county seat. Bucks County is just north of Philadelphia, Pennsylvania and is one of the three original counties founded by William Penn in 1682. Steeped in history,...,   Defense Digest, Vol. 21, No. 2, June 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 legal...
Casualty Department Christopher Santoro, Christine Dower, Carol VanderWoude and John Hare (Philadelphia, PA) successfully convinced the Pennsylvania Superior Court, sitting en banc, to reverse a $14.5 million verdict in an asbestos case on two bases..., Defense Digest, Vol. 21, No. 2, June 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 legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Carol VanderWoude (Philadelphia, PA) and Shane Haselbarth (Philadelphia, PA) succeeded in obtaining an affirmance by the Court of Appeals for the Third Circuit of a judgment as a matter of law for Marshall Dennehey’s client, an insurance company...., Defense Digest, Vol. 21, No. 2, June 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 legal...
Buck Buchanan (Philadelphia, PA) was named Chairman of the Philadelphia Bar Association’s Campaign for Qualified Judges. In this capacity, he will oversee donations and fundraising initiatives in support of those deemed qualified by the Philadelphia..., Defense Digest, Vol. 21, No. 2, June 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 legal...

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