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New Jersey Environmental & Toxic Tort Litigation November 15, 2018
Liability Under the Spill Act Does Not Require ‘Smoking Gun’ Evidence of a Discharge by Kevin T. Bright, Esq. In the unpublished decision in Morris Plains Holding VF, LLC v. Milano French Cleaners, Inc., N.J. Super. App. Div., Docket..., 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 Employment Law November 8, 2018
WHAT COULD "ALSO MEANS" ALSO MEAN? In Mount Lemmon Fire District v. Guido, 586 U.S. _ (2018), SCOTUS Looks at the Phrase and a Couple of Numbered Paragraphs to Affirm Liability for Government Employers Under the ADEA By Sharon M.O'..., ______________________________________________ 1 Age Discrimination in Employment Act, 29 U.S.C. §621, et seq.     , 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...
New Jersey Public Entity and Civil Rights Litigation November 7, 2018
Medical Marijuana and Disability Law  By Matthew J. Behr, Esquire In August, 2018, the District Court of New Jersey addressed for the very first time whether being prescribed medical marijuana is protected pursuant to the New Jersey Law..., 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...
Florida Architectural, Engineering and Construction Defect Litigation October 2, 2018
A Chapter 558 Notice Now Stops the Clock on the Statute of Repose A new case out of the Fourth District Court of Appeals for Florida, Gindel v. Centax Home, Case No. 4D17-2149 (Sept. 12, 2018), seeks to clarify the timing to commence an action..., 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 Maritime Litigation October 1, 2018
This action involved two deaths from carbon monoxide poisoning occurring on a pleasure craft moored at a marina at the time of the incident. The issue before the court was whether subject matter jurisdiction existed pursuant to 28 U.S.C. § 1333..., Case Law Alerts, 4th Quarter, October 2018 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 1, 2018
The Board framed the issue in this case as: Should the claimant’s average weekly wage be calculated using the 26 weeks prior to his work injury, how should that be done and what should be included in that calculation? Under Section 2302 (a) of..., Case Law Alerts, 4th Quarter, October 2018 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 1, 2018
The plaintiff in this negligence and strict liability action alleged injuries arising from exposure to a contaminated public water supply. The defendants were manufacturers and distributors of a fire-fighting foam that was used to coat runways and..., Case Law Alerts, 4th Quarter, October 2018 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 1, 2018
The claimant argued that the employer’s expert’s fee of $5,000 was too high and violated the Workers’ Compensation Act as well as the healthcare practice guidelines. Regulation 19 Del. Code Section 1341 subsection 4.16.1.2 provides..., Case Law Alerts, 4th Quarter, October 2018 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 Retail Liability October 1, 2018
The plaintiff fell on ice in an Acme parking lot three days after a winter storm and sustained injuries. She sued the store owner, the property manager, and the snow and ice contractor for negligence. The Superior Court granted the defendants..., Case Law Alerts, 4th Quarter, October 2018 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 1, 2018
The Board noted that, as the moving party, the employer has the burden of showing that the claimant is not completely incapacitated or, in other words, is medically employable. The Board resolved this dispute between the medical experts by accepting..., Case Law Alerts, 4th Quarter, October 2018 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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