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Pennsylvania Workers' Compensation April 1, 2017
The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth. 2014), wherein the..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
The plaintiff, a former tenant of the defendants, claimed that he fell through a hole in their rental property. The defendants claimed he falsified his injury to receive compensation and because of the parties’ disagreements. The plaintiff..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Retail Liability April 1, 2017
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord)..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2017
The claimant’s August 2000 work-related injuries were acknowledged in a Notice of Compensation Payable. In 2003, the IRE physician gave the claimant a 21% impairment rating, using the 5th Edition of the American Medical Association guides. In..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
The defendant, a Chinese corporation with its principal place of business in China, sold its product to an independent distributor in China who then arranged shipment from China to some U.S. locations, not including Delaware. The plaintiff’s..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Health Care Liability April 1, 2017
The plaintiff sought to recover for an alleged delay in diagnosing colon cancer. During discovery, the plaintiff filed an Offer of Judgment in the amount of $750,000. The Offer of Judgment Rule, R. 4:58-2, permits recovery for costs of suit and all..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Pennsylvania Workers' Compensation April 1, 2017
In October 2012, the claimant underwent an IRE, and an impairment rating of 28% under the 6th Edition of the AMA Guides was given. The employer filed a notice to adjust the claimant to partial disability status, and the claimant filed a..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware General Liability April 1, 2017
On June 25, 2013, a child slipped and fell on a wet bathroom floor at Alfred I. DuPont Hospital for Children, which, although it is located in Delaware, is owned and operated by a Florida corporation. On July 1, 2015, the child and his guardian..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Health Care Liability April 1, 2017
Prior to 2013, Florida courts applied the standard set forth in Frye v. United States, which provides that new or novel scientific evidence must be generally accepted within the scientific community to be admissible. However, in 2013, the Florida..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida General Liability April 1, 2017
The Florida Third District Court of Appeals affirmed the entry of summary judgment by the Circuit Court for Miami-Dade County in favor of a hospital and its housekeeping contractor. The plaintiff alleged she slipped and fell on a slippery foreign..., Case Law Alerts, 2nd Quarter, April 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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