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Pennsylvania Appellate Advocacy and Post-Trial Practice, Environmental & Toxic Tort Litigation October 1, 2017
This suit, on behalf of a class suffering from different kinds of cancer, asserted that the defendants’ facilities permitted harmful radiation to be emitted to the surrounding environment where the class members lived. The Third Circuit affirmed...,   Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Workers' Compensation October 1, 2017
The claimant alleged multiple injuries in a work-related motor vehicle accident. While this claim petition was pending, he entered into a settlement agreement with a third party to resolve his auto case for $15,000. After attorney’s fees and..., Case Law Alerts, 4th Quarter, October 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...
Federal Appellate Advocacy and Post-Trial Practice, Consumer Financial Services Litigation & Compliance October 1, 2017
The plaintiff had stopped paying his mortgage. He soon found in his mail a letter from a company claiming to be his new mortgage servicer and addressing the non-payment. The letter explained that servicing rights were transferred to the company, and...,   Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Workers' Compensation October 1, 2017
The issues before the Commonwealth Court on appeal were whether the Appeal Board erred: (1) in retroactively applying the Construction Workplace Misclassification Act (CWMA) to determine if the claimant was an independent contractor; and (2) in..., Case Law Alerts, 4th Quarter, October 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 Architectural, Engineering and Construction Defect Litigation October 1, 2017
The plaintiff filed a complaint against the defendant/hospital and one of its emergency room nurses in which he alleged professional malpractice and ordinary negligence. After several failed attempts at filing a proper affidavit of merit, the trial...,   Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Workers' Compensation October 1, 2017
After her work injury, the claimant was released to work-light duty. She did not experience any time off from work following the injury, and she returned to a modified-duty position with the employer in the pre-injury Telemetry Unit with no loss of..., Case Law Alerts, 4th Quarter, October 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 Amusements, Sports and Recreation Liability October 1, 2017
A hay bale lining the course of a crate derby was hit by a crate that had hit a pothole. Summary judgment as to the defendant was upheld. The court found that the plaintiff had insufficient evidence to establish that the police were tasked with..., Case Law Alerts, 4th Quarter, October 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 Employment Law October 1, 2017
The plaintiff took intermittent FMLA leave due to a degenerative bone disease condition. During one of the plaintiff’s FMLA requested days off (which he requested due to pain), he was arrested and convicted of a DUI. The employer learned of the DUI...,   Case Law Alerts, 4th Quarter, October 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...
Pennsylvania Workers' Compensation October 1, 2017
The Workers’ Compensation Judge granted the claim petition, finding that the claimant was a traveling employee and furthering the employer’s business. The judge further found that the claimant did not intentionally or deliberately..., Case Law Alerts, 4th Quarter, October 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 Amusements, Sports and Recreation Liability October 1, 2017
The accident occurred during a high school graduation party being held by a homeowner, who was called away for a work obligation. The homeowner contended that the “house rules” included that no one was to go on the trampoline. The..., Case Law Alerts, 4th Quarter, October 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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