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Massachusetts Trucking & Transportation Liability July 1, 2018
The plaintiff suffered serious injuries caused by a chunk of ice that crashed through the windshield of his car. He alleged the ice came from a FedEx tractor-trailer; therefore, his injuries were caused by FedEx’s negligence. The plaintiff..., Case Law Alerts, 3rd Quarter, July 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 advice...
Pennsylvania Insurance Coverage/Bad Faith Litigation July 1, 2018
Marvin Lumber filed suit against Sapa, a manufacturer and seller of aluminum window extrusions, after extrusions that it had incorporated into 25,000 window and door units began oxidizing and required extensive repairs. Marvin’s claims against..., Case Law Alerts, 3rd Quarter, July 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 advice...
Federal Securities and Investments Professional Liability July 1, 2018
The Chamber of Commerce challenged the Department of Labor’s ERISA Fiduciary Rule, which was promulgated in April 2016 and was scheduled to be implemented in stages through July 2019. The Fiduciary Rule expanded the definition of “..., Case Law Alerts, 3rd Quarter, July 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 advice...
Delaware Workers' Compensation July 1, 2018
This case involved the employer’s appeal from a Utilization Review decision, which had determined that the treatment for pain management—including prescription medications, office visits, chiropractic and acupuncture—was Guideline..., Case Law Alerts, 3rd Quarter, July 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 advice...
Delaware Workers' Compensation July 1, 2018
The Delaware Superior Court concluded that the Board’s decision to terminate the claimant’s total disability benefits was based upon substantial evidence and free from any error of law. The court stated that combining the Labor Market..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation July 1, 2018
The petition for workers’ compensation benefits sought authorization of a “trial of medical marijuana as recommended by Dr. Mark Hofmann.” Dr. Hofmann’s note of March 15, 2017, stated that he recommended “a trial of..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation July 1, 2018
On April 30, 2014, the claimant sustained injuries to his neck and low back in an explosion. The employer accepted compensability and authorized care. It was undisputed that the claimant had pre-existing degenerative disc disease, which was..., Case Law Alerts, 3rd Quarter, July 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 advice...
Florida Workers' Compensation July 1, 2018
The claimant had a fusion surgery a few months after his 2006 work injury. Within one year of surgery, the fusion was solid, and it was argued that they no longer performed any fuction, although they remained attached and inside of the claimant. The..., Case Law Alerts, 3rd Quarter, July 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 advice...
New Jersey Workers' Compensation July 1, 2018
The Judge of Compensation found the petitioner entitled to workers’ compensation benefits for his work-related injuries. In affirming the Judge of Compensation’s holding, the Appellate Division relied on Pollack v. Pino’s Formal..., Case Law Alerts, 3rd Quarter, July 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 advice...
New Jersey Amusements, Sports and Recreation Liability July 1, 2018
While the Township of Mt. Laurel admitted that an entity known as “The Funplex” is an amusement park, it argued that a “recognized” amusement park meant an accepted one expressly declared to exist pursuant to N.J.A.C. 13:3-15..., Case Law Alerts, 3rd Quarter, July 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 advice...

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