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New Jersey Amusements, Sports and Recreation Liability January 19, 2018
The plaintiff’s appeal of the dismissal of the PGA was denied. The parents sued for injuries to their child’s baby teeth from the swing of one child golfer to the mouth of their child. The Appellate Court found that the professional..., Case Law Alerts, 1st Quarter, January 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...
New York Trucking & Transportation Liability January 19, 2018
The plaintiff was a passenger in a tow truck that was struck by a vehicle. The tow truck driver was parked and had pulled out from its parked position when it was struck by the vehicle. During trial, the tow truck driver testified he saw the vehicle..., Case Law Alerts, 1st Quarter, January 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 Workers' Compensation January 19, 2018
The employer filed a Utilization Review Request to review compounded medication being given to the claimant, which was determined to be reasonable and necessary. The employer then filed a petition challenging the UR Determination, arguing the..., Case Law Alerts, 1st Quarter, January 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...
New York Automobile Liability January 19, 2018
The plaintiff argued the defendant suddenly stopped, whereas the defendant argued he slowed down at a reasonable rate when approaching the intersection. The end result was a rear-rend collision. The court found that, regardless of the dispute as to..., Case Law Alerts, 1st Quarter, January 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...
Florida Health Care Liability January 19, 2018
In a sharply divided 4-3 decision, the Florida Supreme Court struck in its entirety § 766.1065(3)(E) of the mandatory HIPAA authorization which a plaintiff is required to provide to a defendant during pre-suit. The section at issue permitted ex..., Case Law Alerts, 1st Quarter, January 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 Workers' Compensation January 19, 2018
According to the Commonwealth Court’s analysis, the decedent, as manager for one of the employer’s many locations, was a stationary employee as to that store. However, the court found that the decedent was not a stationary employee with..., Case Law Alerts, 1st Quarter, January 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...
New Jersey Automobile Liability January 19, 2018
In this case of first impression, a Virginia resident was struck by a New Jersey driver while walking across the street in New Jersey. The pedestrian wanted the Deemer Statute applied, which would furnish her with New Jersey’s PIP benefits,..., Case Law Alerts, 1st Quarter, January 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 Health Care Liability January 19, 2018
The plaintiff’s allegation was not that the cardiologist failed to properly interpret the echocardiogram or made any misdiagnoses of the plaintiff’s condition. Rather, the allegation was that the cardiologist failed to timely return the..., Case Law Alerts, 1st Quarter, January 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...
Florida Architectural, Engineering and Construction Defect Litigation January 19, 2018
Brought up on appeal to the Florida Supreme Court was the issue of whether a pre-suit Chapter 558 Notice in a construction defect matter qualifies as a "suit" under the CGL policy. Under the applicable policy, a "suit" would..., Case Law Alerts, 1st Quarter, January 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...
Federal Privacy and Data Security January 19, 2018
OSU Center for Health Sciences Announces Fourth Largest Health Care Breach of 2017 By David J. Shannon, Esquire The Oklahoma State University Center for Health Sciences (OSU-CHS) just publicly announced a November 2017 data breach that resulted..., 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...

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