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Pennsylvania Insurance Coverage/Bad Faith Litigation November 11, 2016
Edited by Allison L. Krupp, Esq. & Christopher W. Woodward, Esq. Insurer not required to reimburse attorneys' fees for defense of underlying case Desabato v. Assurance Company of America, et al., 2:15-CV-484 (W.D. Pa. 9/30/16) The United..., 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...
Federal Long-Term Care Liability October 4, 2016
By Chanel M. Mosley, Esq. On Wednesday, September 28, 2016, the Centers for Medicare and Medicaid Services (CMS) announced the issuance of a new final rule concerning the regulation of Medicare- and Medicaid- certified long-term care providers. The..., This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to create an...
Federal Maritime Litigation October 3, 2016
The United States Court of Appeals for the Tenth Circuit addressed the distinction between appellate jurisdiction pursuant to 28 U.S.C. § 1291 and appellate jurisdiction pursuant to 28 U.S.C. § 1292(a)(3). While the former section limits..., Case Law Alerts, 4th Quarter, October 2016. 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...
Federal Securities and Investments Professional Liability October 3, 2016
A brokerage firm petitioned to confirm a FINRA arbitration award recommending the expungement of a client’s allegation of misconduct from the record of one of its brokers. The client opposed the petition, arguing that the FINRA arbitrators did..., Case Law Alerts, 4th Quarter, October 2016. 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...
Pennsylvania Product Liability October 3, 2016
In this crashworthiness case, the plaintiff asserted negligence and strict liability claims against the defendants. On appeal, the Superior Court held that the trial court erred when it instructed the jury on federal safety standards after..., Case Law Alerts, 4th Quarter, October 2016. 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...
Delaware Workers' Compensation October 3, 2016
The sole issue before the Superior Court was whether the Board had committed a legal error by initially failing to exclude testimony of the damage to the vehicle, only to finally exclude such evidence at the close of the hearing, but then to..., Case Law Alerts, 4th Quarter, October 2016. 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...
Florida Trucking & Transportation Liability, Maritime Litigation October 3, 2016
The plaintiff filed a claim against three defendants for claims of breach of contract of carriage under the Carmack Amendment and state law negligence. Motions for summary judgment were filed by defendants Hartley Freight and Hartley Transportation..., Case Law Alerts, 4th Quarter, October 2016. 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...
Delaware Workers' Compensation October 3, 2016
The claimant raised three issues in her appeal: (1) collateral estoppel and res judicata precluded the Board from relying on Dr. Sopa’s—employer’s medical expert—prior medical opinion; (2) the Board erred in permitting the..., Case Law Alerts, 4th Quarter, October 2016. 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 Health Care Liability , Professional Liability October 3, 2016
The plaintiff filed suit against an orthodontist alleging negligence in the treatment of sleep apnea. The plaintiff served an Affidavit of Merit (AOM) from a prosthodontist who had 20 years experience in treating sleep apnea. The trial..., Case Law Alerts, 4th Quarter, October 2016. 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 Workers' Compensation October 3, 2016
The workers’ compensation insurance carrier asserted a lien from the proceeds of the claimant’s third-party recovery. The claimant argued that, as a no-fault insured, she may not recover medical benefits from another no-fault insured...., Case Law Alerts, 4th Quarter, October 2016. 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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