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Defense Digest

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Volume 23, No. 3, September 2017

Offices: Wilmington, Delaware •
Practice Areas: General Liability Authors: Bradley J. Goewert
Defense Digest, Vol. 23, No. 3, September 2017 By Bradley J. Goewert, Esq.* Key Points: Collateral source rule does not allow entire amount of medical bill to be submitted to jury in personal injury action when bill was paid by Medicare. Stayton..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Workers' Compensation Authors: Rachel Ramsay-Lowe
Defense Digest, Vol. 23, No. 3, September 2017 by Rachel A. Ramsay-Lowe, Esq.* Key Points: Employers are generally not responsible for a petitioner’s idiopathic condition. However, the employer may be responsible for an injury sustained at work..., Defense Digest, Vol. 23, No. 3, September 2017. 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: G. Mark Thompson
Defense Digest, Vol. 23, No. 3, September 2017 By G. Mark Thompson, Esq., Member of the Executive Committee   Changes in latitude Changes in attitude  Nothing remains quite the same                                      - Jimmy Buffett   It is a..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Class Action Litigation Authors: David J. Oberly
Defense Digest, Vol. 23, No. 3, September 2017 By David J. Oberly, Esq.* Key Points: Mere violation of statutory right insufficient to confer Article III standing. For standing under Article III, injuries must be “concrete” or “real.”   Why It..., Defense Digest, Vol. 23, No. 3, September 2017. 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...
Defense Digest, Vol. 23, No. 3, September 2017 CASUALTY DEPARTMENT Samuel Casolari (Cincinnati, OH) obtained summary judgment in the Butler County Court of Common Pleas in favor of our client, an international retailer. ​The plaintiff was sitting on..., Defense Digest, Vol. 23, No. 3, September 2017. 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
Defense Digest, Vol. 23, No. 3, September 2017 In an important victory, Terry Sachs (Philadelphia, PA) persuaded the Superior Court to reverse a $38 million punitive damages award against our client. Terry represented a company that provided..., Defense Digest, Vol. 23, No. 3, September 2017. 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 •
Authors: Timothy B. Schenkel
Defense Digest, Vol. 23, No. 3, September 2017 By Timothy B. Schenkel, Esq.* To some, the word “Kentucky” generates thoughts of rolling hills, horse racing, coal mines and college basketball. To others, the Commonwealth of Kentucky means basic..., Defense Digest, Vol. 23, No. 3, September 2017. 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...
Defense Digest, Vol. 23, No. 3, September 2017 RECOGNITION Niki Ingram (Philadelphia, PA), shareholder, director of the Workers’ Compensation Department and member of the firm’s Board of Directors, has been named the 2017 recipient of the Martha..., Defense Digest, Vol. 23, No. 3, September 2017. 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: New York, New York •
Practice Areas: Consumer Financial Services Litigation & Compliance Authors: Joseph A. Hess
Defense Digest, Vol. 23, No. 3, September 2017 By Joseph A. Hess, Esq.* For more than fifteen years, Marshall Dennehey’s Consumer Financial Services Litigation & Compliance Practice Group has provided value-driven guidance in an ever-evolving..., Defense Digest, Vol. 23, No. 3, September 2017. 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: General Liability Authors: Claire Breaux Ventola
Defense Digest, Vol. 23, No. 3, September 2017 By Claire B. Ventola, Esq.* Key Points: Property owners and operators owe no duty to protect persons injured on an adjoining roadway. Property owners and operators owe no duty to guests or business..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Consumer Financial Services Litigation & Compliance Authors: Michael E. Fitzgerald
Defense Digest, Vol. 23, No. 3, September 2017 By Michael E. Fitzgerald, Esq.* Key Points: FDCPA makes it unlawful to harass, oppress or abuse a person in connection with collection of a debt. Plaintiff’s unsupported recollections of quantity and..., Defense Digest, Vol. 23, No. 3, September 2017. 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 •
Practice Areas: Property Litigation Authors: Corey K. Setterlund
Defense Digest, Vol. 23, No. 3, September 2017 By Corey K. Setterlund, Esq.* Key Points: Insurers may not be able to avoid litigation when invoking the Option to Repair if the insured disputes the scope of repairs to be performed. If the insured..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Public Entity and Civil Rights Litigation Authors: April L. Cressler
Defense Digest, Vol. 23, No. 3, September 2017 By April L. Cressler, Esq.* Key Points: You do have the right to record police officers engaged in official activity regardless of whether your actions constitute expressive conduct. The First..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Insurance Coverage/Bad Faith Litigation Authors: Brooks R. Foland
Defense Digest, Vol. 23, No. 3, September 2017 By Brooks R. Foland, Esq.* Key Points: The Supreme Court of Pennsylvania’s decision in Sackett II, regarding stacking waivers, has been cited by several subsequent cases, resulting in the further..., Defense Digest, Vol. 23, No. 3, September 2017. 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: Public Entity and Civil Rights Litigation Authors: Mark J. Kozlowski
Defense Digest, Vol. 23, No. 3, September 2017 By Mark J. Kozlowski, Esq.* Key Points: When a property owner seeks just compensation via the Fifth Amendment, courts will look to determine whether the alleged taking is facial or as-applied based on..., Defense Digest, Vol. 23, No. 3, September 2017. 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 23, No. 2, June 2017

Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 23, No. 2, June 2017 By Robert J. Fitzgerald, Esq.* Key Points: The Second Injury Fund pays permanent-total disability benefits in certain workers’ compensation cases. These benefits are not applicable when the final disabling...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Orlando, Florida •
Practice Areas: Professional Liability Authors: David W. Henry
Defense Digest, Vol. 23, No. 2, June 2017 By David W. Henry, Esq.* Key Points: Settling professional liability claims poses some unusual challenges. Associations and entities operated by governing boards require additional communication and...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Public Entity and Civil Rights Litigation Authors: Diana P. Cortes
Defense Digest, Vol. 23, No. 2, June 2017 By Diana P. Cortes, Esq.* Key Points: Uncertain accrual date increases the expansion of pretrial detention claims. Increase in exposure and claims against municipalities. Best line of defense: statue of...,   Defense Digest, Vol. 23, No. 2, June 2017. 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: Christopher E. Dougherty
Defense Digest, Vol. 23, No. 2, June 2017 By Christopher E. Dougherty, Esq., Marshall Dennehey’s Force Multipliers—Our Paralegals In the past few years, our firm has received notable recognition for the quality of our defense. We have been..., Defense Digest, Vol. 23, No. 2, June 2017. 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: Professional Liability Authors: David J. Oberly
Defense Digest, Vol. 23, No. 2, June 2017 By David J. Oberly, Esq.* Key Points: Amendments to Federal Rules of Civil Procedure will change discovery practice in federal courts. Changes focus on the scope of discovery, proportional discovery,...,   Defense Digest, Vol. 23, No. 2, June 2017. 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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