Volume 24, No. 1, March 2018
Offices: Mount Laurel, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation •
Authors: Lila Wynne
Defense Digest, Vol. 24, No. 1, March 2018
By Lila T. Wynne, Esq.*
Key Points:
New Jersey Appellate Division addresses appropriate trigger for coverage for progressive construction defect lawsuits.
Court applies continuous trigger theory in..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability •
Authors: Alex B. Norman, Brielle N. Kovalchek, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018
By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.*
Key Points:
Available defenses to snow and ice claims in Pennsylvania and New Jersey.
Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: General Liability •
Authors: Alex B. Norman, Brielle N. Kovalchek, Elyse N. Cohen
Defense Digest, Vol. 24, No. 1, March 2018
By Alex B. Norman, Esq., Brielle N. Kovalchek, Esq. and Elyse N. Cohen, Esq.*
Key Points:
Available defenses to snow and ice claims in Pennsylvania and New Jersey.
Precautions and practice points to..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Melanie J. Foreman
Defense Digest, Vol. 24, No. 1, March 2018
By Melanie J. Foreman, Esq.*
Key Points:
Claims for uninsured motorist claims are based in contract.
The statute of limitations for an uninsured motorist claim under an insurance policy does not begin..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Fort Lauderdale, Florida •
Practice Areas: General Liability •
Authors: Nicole F. Panico
Defense Digest, Vol. 24, No. 1, March 2018
By Nicole F. Panico, Esq.*
Key Points:
A proposal for settlement is a strategic litigation tool that can sometimes be difficult to enforce.
In determining the enforceability of an offer of judgment,..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: David P. Czap
Defense Digest, Vol. 24, No. 1, March 2018
By David P. Czap, Esq.*
Key Points:
Selection of “limited tort” versus “full tort” in Pennsylvania auto policies.
What constitutes a “serious injury?”
Recent case law on issue of “serious injury..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: General Liability •
Authors: Alex K. Yoder
Defense Digest, Vol. 24, No. 1, March 2018
By Alex K. Yoder, Esq.*
Key Points:
Amendment of original pleading to change the name of a defendant is now permitted after the expiration of statute of limitations for “mistake.”
Ninety-day relation..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Authors: Howard P. Dwoskin
Defense Digest, Vol. 24, No. 1, March 2018
By Howard P. Dwoskin, Esq., Member of the Executive Committee
On December 31, 2017, Tom Brophy stepped down as President and CEO of Marshall Dennehey Warner Coleman & Goggin after a very successful 13-..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: New York, New York •
Practice Areas: General Liability •
Authors: Scott A. Ginsberg
Defense Digest, Vol. 24, No. 1, March 2018
By Scott A. Ginsberg, Esq.*
Key Points:
Amendment to New York no-fault regulations closes “billing loophole” for services rendered out of state.
Amendment should reduce carriers’ arbitration and..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Authors: Christopher E. Dougherty
Defense Digest, Vol. 24, No. 1, March 2018
By Christopher E. Dougherty, Esq.*
This is the second piece in a series discussing the positive culture of Marshall Dennehey Warner Coleman & Goggin. As I noted in the previous segment, I want to share..., Retirement Speech
By Gary Kaplan, Esq.
Thank you, Howard [Howard Dwoskin].
First, I thank everyone for coming here this afternoon—especially those who have come down from Philly. In particular, Tom, Chris, Liz, Howard, Matt, Linda and Sandy. I’m..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Defense Digest, Vol. 24, No. 1, March 2018
Casualty Department
Harold Moroknek and Charles Gura (Westchester, NY) obtained a defense verdict in a jury trial on behalf of a school bus transportation provider in a motor vehicle/wrongful death case. ..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 24, No. 1, March 2018
Audrey Copeland (King of Prussia, PA) obtained the Third Circuit’s affirmance of the order of the U.S. District Court for the Western District of Pennsylvania in favor of Marshall Dennehey’s client in an..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Defense Digest, Vol. 24, No. 1, March 2018
New Shareholders
We are happy to announce that 14 associates and one special counsel have been elevated to shareholder, with 60 percent of the new shareholder class comprised of women. In Philadelphia, the..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Environmental & Toxic Tort Litigation •
Authors: Lila Wynne
Defense Digest, Vol. 24, No. 1, March 2018, By Lila T. Wynne, Esq.*
Environmental and Toxic Torts actions are not mutually exclusive. At times, the environmental litigation involving a landfill..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Pittsburgh, Pennsylvania •
Authors: Scott G. Dunlop
Defense Digest, Vol. 24, No. 1, March 2018
By Scott G. Dunlop, Esq.*
This coming summer, our firm will quietly acknowledge a significant anniversary that will escape the notice of the rest of the world. Twenty-five years ago, the first state-wide..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Craig A. Stone
Defense Digest, Vol. 24, No. 1, March 2018
By Craig A. Stone, Esq.*
Key Points:
The Pennsylvania Supreme Court has ruled that the applicable statute of limitations for medical professional liability cases in which wrongful death or survival..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation •
Authors: Christian A. Weimann
Defense Digest, Vol. 24, No. 1, March 2018
By Christian Weimann, Esq.*
Key Points:
In recent years, Pennsylvania has been a hospitable jurisdiction for forum-shopping, mass-tort plaintiff attorneys.
Under new and binding United States Supreme..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Orlando, Florida •
Practice Areas: General Liability •
Authors: Joey M. Chindamo
Defense Digest, Vol. 24, No. 1, March 2018
By Joey M. Chindamo, Esq.*
Key Points:
Social media evidence is generally discoverable, not subject to privilege and not protected by a right to privacy.
To maximize the likelihood of obtaining..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation •
Authors: Kiara K. Hartwell
Defense Digest, Vol. 24, No. 1, March 2018
By Kiara K. Han, Esq.*
Key Points:
Temporary total disability benefits are awarded as a partial substitute for lost wages when an employee suffers a work-related injury.
New Jersey’s courts have..., Defense Digest, Vol. 24, No. 1, March 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 legal...
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability •
Authors: J. Bruce McKissock
Defense Digest, Vol. 24, No. 1, March 2018
By J. Bruce McKissock, Esq. & Nicolai A. Schurko, Esq.*
Key Points:
U.S. Supreme Court in Bristol-Meyers Squib Co. v. Superior Court of California provides strict due process requirements for..., Defense Digest, Vol. 24, No. 1, March 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 legal...
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