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Defense Digest

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Author
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Volume 22, No. 4, December 2016

Offices: Philadelphia, Pennsylvania •
Practice Areas: Bankruptcy Litigation Authors: Gregory W. Fox
Defense Digest, Vol. 22, No. 4, December 2016   By Gregory W. Fox, Esq.* No matter the industry, it can be very challenging when any person or entity integral to your business files for bankruptcy. Whether it is your client, your customer, your..., 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   Casualty Department Following a two-day trial in Berks County, Brooks Foland and Brittany Bakshi (Harrisburg, PA) obtained a defense verdict on behalf of our client in a negligence action arising from..., 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...
Practice Areas: Appellate Advocacy and Post-Trial Practice
Defense Digest, Vol. 22, No. 4, December 2016   In this data breach suit, Shane Haselbarth (Philadelphia, PA) succeeded in obtaining the Third Circuit’s affirmance of the District Court’s dismissal of the plaintiffs’ complaint with prejudice. The..., 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: Cleveland, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., 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: Cincinnati, Ohio •
Authors: Leslie M. Jenny, Samuel G. Casolari Jr.
Defense Digest, Vol. 22, No. 4, December 2016   By Leslie M. Jenny, Esq. & Samuel G. Casolari Jr., Esq.* From Public Square in Cleveland to Fountain Square in Cincinnati, our Ohio lawyers represent clients and insureds throughout the state in..., 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: Cleveland, Ohio •
Practice Areas: Employment Law Authors: Keith Hansbrough
Defense Digest, Vol. 22, No. 4, December 2016 By Keith Hansbrough, Esq.* Key Points: Ohio Revised Code § 4123.90 allows employees to bring retaliation claims against employers regarding the filing of a workers’ compensation claims. A prima facie..., 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: Cincinnati, Ohio •
Practice Areas: Bankruptcy Litigation
Defense Digest, Vol. 22, No. 4, December 2016   By Stephen M. Wagner, Esq.* Key Points: Excess D&O liability insurance not triggered absent payment of limits of liability of underlying policies. Excess D&O insurance policies do not protect..., 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: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: EEOC rules amend GINA regulations, create new ADA regulations, and provide guidance to employers regarding how workplace wellness program can comply with ADA 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: Cincinnati, Ohio •
Practice Areas: Professional Liability Authors: David J. Oberly
Defense Digest, Vol. 22, No. 4, December 2016   By David J. Oberly, Esq.* Key Points: Ohio has a one-year statute of limitations for legal malpractice claims. This discovery rule may enhance the effect of this limited period. Defense practitioners..., 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: Pittsburgh, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation Authors: April L. Cressler
Defense Digest, Vol. 22, No. 4, December 2016   By April L. Cressler, Esq.* Key Points: The increase in media coverage of negative law enforcement stories is leading to a rise in civil suits. Plaintiffs appear emboldened by the anti-police rhetoric..., 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: Workers' Compensation Authors: Robert J. Fitzgerald
Defense Digest, Vol. 22, No. 4, December 2016   By Robert J. Fitzgerald, Esq.* Key Points: New Jersey’s workers’ compensation statute allows employers to assert a lien against any negligent third party that causes the work injury. New Jersey has a..., 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...

Volume 22, No. 3, September 2016

Offices: Cincinnati, Ohio •
Practice Areas: Health Care Liability
Defense Digest, Volume 22, No. 3, September 2016   By Stephen M. Wagner, Esq.* Key Points: A health care entity cannot be held vicariously liable for a physician’s negligence unless the negligent physician is properly named in the case and found...,   Defense Digest, Vol. 22, No. 3, September 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: Wilmington, Delaware •
Practice Areas: Workers' Compensation Authors: Linda L. Wilson
By Linda L. Wilson, Esq.* Key Points: A contractor can be liable for a workers’ compensation claim even though that contractor never employed the injured individual. Be wary of subcontracting with a subcontractor that is not principally located in...,   Defense Digest, Vol. 22, No. 3, September 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: Wilmington, Delaware •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Thomas J. Gerard
By Thomas J. Gerard, Esq.* Key Points: When does the statute of limitations begin to run in Delaware cases involving bad faith failure to settle? The Delaware Supreme Court has decided that the statute begins to run when an excess judgment becomes...,   Defense Digest, Vol. 22, No. 3, September 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: Jacksonville, Florida •
Practice Areas: General Liability Authors: R. Thomas Roberts
By R. Thomas Roberts, Esq. & Amanda L. Ingersoll, Esq.* Key Points: The negligent mode of operation theory is no longer viable in slip-and-fall cases involving foreign, transitory substances. Florida statutory law establishes the burden of...,   Defense Digest, Vol. 22, No. 3, September 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: Pittsburgh, Pennsylvania •
Practice Areas: Asbestos and Mass Tort Litigation
By Melissa D. Cochran, Esq.* Key Points: The “bare metal” defense is the theory that a product manufacturer cannot be held liable for alleged harms caused by asbestos component parts used with its product when it did not manufacture, distribute or...,   Defense Digest, Vol. 22, No. 3, September 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: Cincinnati, Ohio •
Practice Areas: Employment Law Authors: David J. Oberly
By David J. Oberly, Esq.* Key Points: New OSHA rule expands requirements to report and submit workplace injuries/illnesses. Reports are now available publicly. Additional anti-retaliation components give more protection to employees reporting...,   Defense Digest, Vol. 22, No. 3, September 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: Securities and Investments Professional Liability
By Denis C. Dice, Esq.* Key Points: FINRA Dispute Resolution Task Force issues final report with multiple recommended actions. FINRA Board of Governors only authorized for filing with the SEC three proposed amendements.   FINRA organized the FINRA...,   Defense Digest, Vol. 22, No. 3, September 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: General Liability Authors: Laurianne Falcone
By Laurianne Falcone, Esq.* Key Points: The production of surveillance evidence to opposing counsel depends on discovery requests and timing. The trial judge has latitude to admit or exclude surveillance evidence depending on the facts of your case...,   Defense Digest, Vol. 22, No. 3, September 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: Roseland, New Jersey •
Practice Areas: Public Entity and Civil Rights Litigation Authors: Howard Mankoff, Audrey L. Copeland
By Howard Mankoff, Esq. and Audrey Copeland, Esq.* Key Points: RLUIPA litigation is costly and challenging. Insurers of municipalities faced with a request to defend RLUIPA litigation must resolve the thorny issue of whether they will be defending...,   Defense Digest, Vol. 22, No. 3, September 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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