Volume 25, No. 1, March 2019
Offices: Roseland, New Jersey •
Practice Areas: Professional Liability •
Authors: Timothy R. Ryan
Defense Digest, Vol. 25, No. 1, March 2019
By Timothy R. Ryan, Esq.*
Key Points:
A new rule of court reduces the impact of the Affidavit of Merit Statute by mandating courts to hold a case management conference to address discovery issues and..., Defense Digest, Vol. 25, No. 1, March 2019. 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
Defense Digest, Vol. 25, No. 1, March 2019
By Robert J. Fitzgerald, Esq.*
Key Points:
Employers have a right of subrogation to recover workers’ compensation benefits paid as a result of a negligent third party.
When an injured employee fails to..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Retail Liability •
Authors: Michael S. Miller, Jr.
Defense Digest, Vol. 25, No. 1, March 20196
by Michael S. Miller, Jr., Esq.*
Key Points
It is not “reasonable conduct” for a business invitee to pay attention to product shelves rather than the floor in front of her.
A business invitee must..., Defense Digest, Vol. 25, No. 1, March 2019. 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...
Defense Digest, Vol. 25, No. 1, March 2019
Casualty Department
Brooks Foland (Harrisburg, PA) received a defense verdict from a Schuylkill County, Pennsylvania jury in a case involving an accident on a haunted hayride and a claim of Complex Regional..., Defense Digest, Vol. 25, No. 1, March 2019. 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
Defense Digest, Vol. 25, No. 1, March 2019
John Hare (Philadelphia, PA) filed an amicus curiae brief for the Pennsylvania Defense Institute urging the Pennsylvania Supreme Court to reverse two lower court decisions that deprived the defendant school..., Defense Digest, Vol. 25, No. 1, March 2019. 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...
Defense Digest, Vol. 25, No. 1, March 2019
2019 Shareholder Class and Special Counsel Promotions
We are pleased to announce that 13 associates and two special counsel have been elevated to shareholder. Additionally, the firm has promoted four..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Practice Areas: Hospitality and Liquor Liability •
Authors: R. Anthony Michetti
Defense Digest, Vol. 25, No. 1, March 2019
By R. Anthony Michetti, Esq.*
Your insured operates a bar, restaurant or hotel. A significant amount of revenue generated by the business is from the sale of alcohol. Through a license issued by the..., Defense Digest, Vol. 25, No. 1, March 2019. 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 •
Authors: James P. Connors
Defense Digest, Vol. 25, No. 1, March 2019
By James P. Connors, Esq.*
The Westchester County, New York, office is among the newest at Marshall Dennehey, having opened in July of 2014. At the time, it was staffed with five attorneys, two..., Defense Digest, Vol. 25, No. 1, March 2019. 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: Automobile Liability •
Authors: Patrick J. Furlong
Defense Digest, Vol. 25, No. 1, March 2019
By Patrick J. Furlong, Esq.*
Key Points:
Pennsylvania Supreme Court to consider whether policy language requiring insured seeking benefits to submit to insurer medical examination violates the..., Defense Digest, Vol. 25, No. 1, March 2019. 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 24, No. 4, December 2018
Offices: Camp Hill, Pennsylvania •
Practice Areas: School Leaders' Liability •
Authors: Lara K. Bream
Defense Digest, Vol. 24, No. 4, December 2018
By Lara K. Bream, Esq.*
Key Points:
Immorality, under 24 P.S. § 11-1122, can be found following a tenured employee’s DUI arrest.
Judge v. Shikellamy Sch. Dist., 2017 U.S.Dist. LEXIS 65694 (M.D.Pa...., Defense Digest, Vol. 24, No. 4, December 2018. 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: Commercial Litigation •
Authors: Jeremy J. Zacharias
Defense Digest, Vol. 24, No. 4, December 2018
By Jeremy J. Zacharias, Esq.*
Key Points:
New Jersey Supreme Court holds that an attorney’s pledge of anticipated counsel fees can be considered an account receivable.
When an anticipated counsel..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Maritime Litigation •
Authors: Corey J. Portnoy
Defense Digest, Vol. 24, No. 4, December 2018
By Corey J. Portnoy, Esq.*
Key Points:
Class action waivers in maritime contracts are enforceable.
The owner, manager or master of a vessel can limit its liability under federal maritime law.
Cruise..., Defense Digest, Vol. 24, No. 4, December 2018. 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
Defense Digest, Vol. 24, No. 4, December 2018
By Robert J. Fitzgerald, Esq.*
Key Points:
In order to properly cancel a workers’ compensation insurance policy, the carrier must follow the statutory requirements of N.J.S.A. 34:15-81.
A carrier’s..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Michael R. Duffy
Defense Digest, Vol. 24, No. 4, December 2018
By Michael R. Duffy, Esq.*
Key Points:
Workers’ Compensation Appeal Board’s opinion nullifies the reasonable diligence of Section 311 of the Act.
Claimants must show they exercised reasonable..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Environmental & Toxic Tort Litigation •
Authors: Kevin T. Bright
Defense Digest, Vol. 24, No. 4, December 2018
By Kevin T. Bright, Esq.*
Key Points:
Proof of a “discharge” under the Spill Act can be based upon indirect or circumstantial evidence.
A plaintiff in a Spill Act contribution action need not point..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Privacy and Data Security •
Authors: David J. Shannon
Defense Digest, Vol. 24, No. 4, December 2018
Marshall Dennehey is proud to be one of the four founding law firm members of the Insurance Law Global (ILG) network, a multi-jurisdiction legal network that provides global services to insurance..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Patricia A. Monahan
Defense Digest, Vol. 24, No. 4, December 2018
By Patricia A. Monahan, Esq.*
Key Points:
Meaning and effect of having been served in Pennsylvania with a Writ of Summons.
Strategy considerations for the defendant served with a Writ of Summons..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Health Care Liability •
Authors: Charles T. Gura
Defense Digest, Vol. 24, No. 4, December 2018
By Charles T. Gura, Esq.*
Key Points:
Through “Lavern’s Law,” New York has extended its medical malpractice statute of limitations in failure to diagnose cancer cases by applying a date of discovery..., Defense Digest, Vol. 24, No. 4, December 2018. 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: Howard P. Dwoskin
Defense Digest, Vol. 24, No. 4, December 2018
By Howard P. Dwoskin, Esq.*
Thanksgiving is, by far, my favorite holiday of the year. Crisp air, the smell of pies baking, delicious roast turkey, and football on TV—what’s not to love? It also makes for..., Defense Digest, Vol. 24, No. 4, December 2018. 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 •
Authors: Michael G. Archibald
Defense Digest, Vol. 24, No. 4, December 2018
By Michael G. Archibald, Esq.*
Marshall Dennehey opened its Tampa, Florida, office in 2000. We are located just minutes away from MacDill Air Force Base, home to United States Central Command. Panoramic..., Defense Digest, Vol. 24, No. 4, December 2018. 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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