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Defense Digest

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Volume 21, No. 1, March 2015

Offices: Philadelphia, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation, Product Liability
Key Points Pennsylvania’s new product liability standard, as announced in Tincher v. Omega Flex, Inc., is at least partly inspired by California case law. Under California’s product liability standard, the “bare metal defense” applies when..., Defense Digest, Vol. 21, No. 1, March 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: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability Authors: Joseph L. Hoynoski III
Key Points: Certificates of merit are important to assist the hospital in determining the identities of the alleged agents for whom the hospital may be vicariously liable in a medical malpractice case. While Pennsylvania law is conflicting, the..., Defense Digest, Vol. 21, No. 1, March 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: Amusements, Sports and Recreation Liability Authors: Jonathon E. Cross
Key Points: Sports camps and athletic organizations are often targets of personal injury lawsuits. The no-duty rule and assumption of the risk are viable defenses. Several factors exist to assist in reducing the risk of liability.   For years,..., Defense Digest, Vol. 21, No. 1, March 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: Cincinnati, Ohio •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: David J. Oberly
Key Points: Ohio Supreme Court clarified Ohio law regarding coverage for intentional acts in Allstate v. Campbell. Campbell held that the doctrine of inferred intent invokes an insurance policy’s intentional acts exclusion where an insured’s..., Defense Digest, Vol. 21, No. 1, March 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: Health Care Liability , General Liability Authors: Angeline C. Panepresso
Key Points: The Philadelphia Court of Common Pleas rejected the argument that all medical doctors are qualified to testify concerning medical subjects simply by virtue of their license or degree. Absent specialized knowledge of the particular..., Defense Digest, Vol. 21, No. 1, March 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: Rye Brook, New York •
Practice Areas: General Liability Authors: Angela M. Evangelista
Key Points What initial steps should be taken when preparing an answer in New York? What issues must be evaluated when preparing the answer?   This article will address the issues that should be evaluated when preparing an answer. It pertains to..., Defense Digest, Vol. 21, No. 1, March 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 •
Authors: Colleen Bannon
As Director of Legal Information Services at Marshall Dennehey, I frequently speak to our 485 attorneys about ways they can use technology to provide innovative and cost-efficient legal services to our clients. When posed questions about which..., Defense Digest, Vol. 21, No. 1, March 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...
Jeff Rapattoni (Cherry Hill, NJ) was elected a board member of the National Society of Professional Insurance Investigators (NSPII). The organization is devoted to the identification, investigation and prevention of insurance fraud. Jeff will serve..., Defense Digest, Vol. 21, No. 1, March 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: New York, New York •
Authors: Jeffrey J. Imeri
On July 1, 2014, Marshall Dennehey Warner Coleman & Goggin’s New York City office was significantly expanded and enhanced following our joinder with the firm of Jones Hirsch Connors & Bull, P.C. The joinder was a natural fit between two..., Defense Digest, Vol. 21, No. 1, March 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 Kevin Ryan (Long Island, NY) obtained a defense verdict in a labor law 240(1)(scaffold law) case. The plaintiff, an asbestos abatement worker, allegedly fell from a steel floor joist while removing sub-flooring covered with vinyl..., Defense Digest, Vol. 21, No. 1, March 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 and John Hare (Philadelphia, PA) succeeded in obtaining an affirmance by the Pennsylvania Supreme Court of a judgment as matter of law for Marshall Dennehey’s clients, a Pennsylvania police department and its officers. Voting 6-0,..., Defense Digest, Vol. 21, No. 1, March 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: Cincinnati, Ohio •
Practice Areas: General Liability Authors: Samuel G. Casolari Jr.
Key Points: Trial court determined that a tenant was not entitled to judgment because the lack of a handrail on the basement steps constituted an open and obvious danger. Court of Appeals reverses because negligence per se is an exception to..., Defense Digest, Vol. 21, No. 1, March 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: Mount Laurel, New Jersey •
Practice Areas: Fraud/Special Investigation Authors: Jeffrey G. Rapattoni, Ariel C. Brownstein
Key Points: The increase in partnerships between chiropractors and acupuncturists throughout the country has led to increased PIP payouts and monetary effects on third-party litigation. An understanding of the common forms of acupuncture treatments..., Defense Digest, Vol. 21, No. 1, March 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: Mount Laurel, New Jersey •
Practice Areas: Environmental & Toxic Tort Litigation Authors: Lila Wynne
Key Points: Six-year statute of limitations does not apply to private claims for contribution made pursuant to the New Jersey Spill Compensation and Control Act (Spill Act). Under the Spill Act, a “discharger” may pursue a contribution claim prior..., Defense Digest, Vol. 21, No. 1, March 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: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Key Points: The New Jersey workers’ compensation statute allows for a dismissal of a claim for lack of prosecution. A dismissal order becomes permanent after one year if no motion to restore the case is filed. Courts are lenient to petitioners who..., Defense Digest, Vol. 21, No. 1, March 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: Jacksonville, Florida •
Practice Areas: Employment Law Authors: Pamela St. John Lynde, Michael J. Obringer
Key Points: In Florida there is a presumption that an employee “lent” to a temporary employer remains the employee of his regular employer. In order to overcome that presumption and receive the benefit of workers’ compensation exclusivity, the..., Defense Digest, Vol. 21, No. 1, March 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: Workers' Compensation
Key Points Claimant’s temporary partial disability benefits reduced due to voluntary resignation prior to work injury. Temporary partial disability benefits were not awarded to claimant since claimant’s resignation had no relationship to her work..., Defense Digest, Vol. 21, No. 1, March 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...

Volume 20, No. 3, September 2014

Offices: Camp Hill, Pennsylvania •
Practice Areas: Automobile Liability Authors: Allison L. Krupp
By Allison L. Krupp, Esq.* Key Points: Pennsylvania courts and counsel continue to struggle with litigation of combined underinsured motorist/bodily injury claims post-Koken.  The Dauphin County Court of Common Pleas recently had its first post-..., Defense Digest, Vol. 20, No. 3, September 2014 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: White Collar Crime Authors: Kevin E. Hexstall, Mohamed N. Bakry
By Kevin E. Hexstall, Esq. and Mohamed Bakry, Esq.* Key Points: Criminal proceedings may affect the outcome of subsequent civil litigation. Certain licenses may be affected as a result of some criminal convictions.   The disposition of a criminal..., Defense Digest, Vol. 20, No. 3, September 2014 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: Automobile Liability Authors: Sarah B. Cole
By Sarah B. Cole, Esq.* Key Points: Delaware revises underinsured motorist law. An underinsured motorist is one whose damages exceed the tortfeasor’s available bodily injury coverage. A claimant is no longer precluded from accessing underinsured..., Defense Digest, Vol. 20, No. 3, September 2014 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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