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Defense Digest

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Volume 23, No. 1, March 2017

Defense Digest, Vol. 23, No. 1, March 2017   Casualty Department Alicia Smith (Cherry Hill, NJ) and Teagan Allen (Roseland, NJ) obtained summary judgment on behalf of a skating rink in Middlesex County, New Jersey. The plaintiff made a claim for..., Defense Digest, Vol. 23, No. 1, March 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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 23, No. 1, March 2017 Audrey Copeland (King of Prussia, PA) convinced the Pennsylvania Commonwealth Court to affirm the underlying decision denying the claim petition in a workers’ compensation appeal where the claimant argued..., Defense Digest, Vol. 23, No. 1, March 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...
Defense Digest, Vol. 23, No. 1, March 2017   New Practice Group Launched Marshall Dennehey recently launched a new practice group within the Casualty Department. Led by Ralph Bocchino (Philadelphia, PA) the Social Services & Human Services..., Defense Digest, Vol. 23, No. 1, March 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: King of Prussia, Pennsylvania •
Practice Areas: Birth and Catastrophic Injury Litigation Authors: T. Kevin FitzPatrick
Defense Digest, Vol. 23, No. 1, March 2017 by T. Kevin FitzPatrick, Esquire Defending high-exposure cases is routine throughout our Health Care Department, but separate and apart are the litigation matters being handled by the attorneys in our Birth..., Defense Digest, Vol. 23, No. 1, March 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: New York, New York •
Authors: Jeffrey J. Imeri
Defense Digest, Vol. 23, No. 1, March 2017 by Jeffrey J. Imeri, Esquire Since its opening in April 2008, our New York City office has grown from three attorneys to over 30 in the most competitive legal market in the country. This achievement is not..., Defense Digest, Vol. 23, No. 1, March 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: Mount Laurel, New Jersey •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Michael A. Alberico
Defense Digest, Vol. 23, No. 1, March 2017 by Michael A. Alberico, Esquire Key Points: Pre-injury liability waivers are unenforceable against gross negligence claims. Gross negligence is now more akin to negligence on the liability continuum,..., Defense Digest, Vol. 23, No. 1, March 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: New York, New York •
Practice Areas: Construction Injury Litigation
Defense Digest, Vol. 23, No. 1, March 2017 by Seth A. Frankel, Esquire Key Points: The Appellate Division, First Department, narrows instances where it will find that the sole proximate cause defense to Labor Law § 240 is applicable. Courts have..., Defense Digest, Vol. 23, No. 1, March 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: Camp Hill, Pennsylvania •
Practice Areas: School Leaders' Liability Authors: Christopher J. Conrad
Defense Digest, Vol. 23, No. 1, March 2017 by Christopher J. Conrad, Esquire Key Points Parents of children with special needs who allege educational harm must exhaust administrative remedies under the IDEA before filing suit in federal court. Once..., Defense Digest, Vol. 23, No. 1, March 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: Pittsburgh, Pennsylvania •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Stuart H. Sostmann
Defense Digest, Vol. 23, No. 1, March 2017 by Stuart H. Sostmann, Esquire Key Points: Conspicuous release language in recreational activity waivers are not against public policy and are not contracts of adhesion. Requiring a signature on an..., Defense Digest, Vol. 23, No. 1, March 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...

Volume 22, No. 4, December 2016

Offices: Fort Lauderdale, Florida •
Practice Areas: Professional Liability Authors: Jeannie A. Hanrahan, Devon A. Woolard
Defense Digest, Vol. 22, No. 4, December 2016   By Jeannie A. Hanrahan, Esq. & Devon A. Woolard, Esq.* Key Points: Florida clarifies that challenge to an association’s governing documents must be brought within five years of its recording or..., Defense Digest, Vol. 22, No. 4, December 2016. 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: Amusements, Sports and Recreation Liability Authors: Douglas D. Suplee
Defense Digest, Vol. 22, No. 4, December 2016   By Douglas D. Suplee, Esq.* Key Points: Arbitration agreements must be clear and unambiguous as a starting point. An arbitration agreement should explain, in layman’s terms, what arbitration is and..., Defense Digest, Vol. 22, No. 4, December 2016. 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
Defense Digest, Vol. 22, No. 4, December 2016   By Ashley S. Talley, Esq.* Key Points: The presumption of compensability in § 301(f) of the Workers’ Compensation Act is inapplicable to the 600-week time frame for filing a claim petition under § 108..., Defense Digest, Vol. 22, No. 4, December 2016. 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: Health Care Liability Authors: John C. Farrell, Daniel Dolente
Defense Digest, Vol. 22, No. 4, December 2016   By John Farrell, Esq. & Daniel Dolente, Esq.* Key Points: Consider retaining an expert outside client’s area of medicine to opine about the standard of care. A second expert opinion could assist..., Defense Digest, Vol. 22, No. 4, December 2016. 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: King of Prussia, Pennsylvania •
Practice Areas: General Liability Authors: Adam M. Sorce
Defense Digest, Vol. 22, No. 4, December 2016   By Adam M. Sorce, Esq.* Key Points: Claims of negligence and breach of contract against insureds in premises liability and property damages cases are increasing. Where a contract exists and controls..., Defense Digest, Vol. 22, No. 4, December 2016. 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: Insurance Coverage/Bad Faith Litigation Authors: Danielle N. Robinson
Defense Digest, Vol. 22, No. 4, December 2016   By Danielle N. Robinson, Esq.* Key Points: Proposals for settlement are a useful tool. The Faith Freight decision may allow insurers to utilize proposals for settlement in breach of contract cases..., Defense Digest, Vol. 22, No. 4, December 2016. 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: General Liability Authors: Michael J. Connolly
Defense Digest, Vol. 22, No. 4, December 2016   By Michael J. Connolly, Esq.* Key Points: Expert medical evidence not required to support negligent infliction of emotional distress claim. Expert medical evidence required to support intentional..., Defense Digest, Vol. 22, No. 4, December 2016. 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: King of Prussia, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Patrice M. Turenne
Defense Digest, Vol. 22, No. 4, December 2016   By Patrice M. Turenne, Esq.* Key Points: Driving records of employees who operate motor vehicles for governmental agencies should be screened. Governmental agencies should consider having their..., Defense Digest, Vol. 22, No. 4, December 2016. 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: Health Care Liability Authors: Matthew P. Keris
Defense Digest, Vol. 22, No. 4, December 2016   By Matthew P. Keris, Esq.* Key Points: Plaintiffs’ counsel routinely ask defendant doctors for their opinions as to the standard of care in medical malpractice depositions in Pennsylvania. Recent..., Defense Digest, Vol. 22, No. 4, December 2016. 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. 22, No. 4, December 2016   By G. Mark Thompson, Esq., Member, Executive Committee A reporter once asked Winston Churchill what his country’s greatest weapon had been during World War II. Without hesitating, Churchill replied: “..., Defense Digest, Vol. 22, No. 4, December 2016. 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. 22, No. 4, December 2016   Special Appointments Jason Banonis (Allentown, PA) was recently elected treasurer of the Pennsylvania Defense Institute during its annual conference at the Bedford Springs Resort in Bedford,..., Defense Digest, Vol. 22, No. 4, December 2016. 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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