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Florida General Liability April 1, 2017
The Fourth District Court of Appeals reversed and remanded a trial court’s entry of summary judgment in favor of the defendant restaurant. The plaintiff alleged that, while swallowing the last bite of his pasta dish served with mussels and..., 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 Employment Law April 1, 2017
Walker worked for a nursing home facility operated by NP Chipola, LLC, and due to her duties of lifting patients through the years, she required shoulder surgery. The employee notified the employer that she would be out for six months for shoulder..., 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 General Liability April 1, 2017
The defendant college owed the plaintiffs a duty of care in their capacity as intercollegiate athletes engaged in a school-sponsored and supervised sport and was required to have qualified medical personnel to provide adequate treatment in the event..., 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...
Federal Employment Law April 1, 2017
In Fry, The United States Supreme Court vacated and remanded a decision that found the plaintiff failed to exhaust the Individuals with Disabilities Educational Act’s (IDEA) procedures prior to filing a lawsuit alleging violations of 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...
Pennsylvania Amusements, Sports and Recreation Liability April 1, 2017
An exculpatory clause in a membership agreement for a recreational facility, such as a gym, is valid even if the member did not read the agreement before signing it. The court found that the agreement the plaintiff engaged in was a voluntary..., 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 Employment Law March 29, 2017
ADA May Provide More Time Off to Employees Following FMLA Leave By Jeannie Hanrahan, Esquire In Walker v. NF Chipola, LLC, 2016 U.S. Dist. LEXIS 41172 (S.D. Fla. March 16, 2016), the court held that, while the Family and Medical Leave Act (FMLA)..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a specific...
Pennsylvania Insurance Coverage/Bad Faith Litigation February 14, 2017
Edited by Allison L. Krupp, Esq. Court finds home renovations were not "sudden" or "accidental" and grants insurer's motion for summary judgment.    Wehrenberg v. Metropolitan Property and Cas. Ins. Co., 2:14-cv-..., The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
Employment Law January 19, 2017
Ohio Supreme Court Clarifies Retaliation Statute Regarding Workers' Compensation Claims By Keith Hansbrough, Esquire In the case of Onderko v. Sierra Lobo, Inc., 2016-Ohio-5027, the Ohio Supreme Court has clarified that an employee can bring a...,   The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin. It is solely intended to provide information on recent legal developments, and is not intended to provide legal advice for a...
New Jersey Amusements, Sports and Recreation Liability January 3, 2017
In a case previously seen as a discussion of when a waiver does not apply to an activity that is not inherent to the sport (swimming) but to general premises liability (slip on a wet floor), the Essex County trial court and the Superior Court of New..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Insurance Coverage/Bad Faith Litigation January 3, 2017
An insurer filed a declaratory judgment action seeking a declaration that it owed no duty to defend its insured in an underlying state tort action. The federal court determined that the underlying claims against the insured were such that a coverage..., Case Law Alerts, 1st Quarter, January 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...

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