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New Jersey General Liability October 1, 2018
In this case a same-sexed couple had been living together and raising children together for over a year. The non-biological mother witnessed one of the children’s death by automobile when hit as a pedestrian. The non-biological mother made a..., 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 Public Entity and Civil Rights Litigation October 1, 2018
The Borough of Elwood City hired a Chief of Police in 2010 outside of the Civil Service Commission procedure and subject to an employment agreement, which stated the Chief was an at-will employee. The Borough voted to eliminate the position of Chief..., 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...
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...
New Jersey Health Care Liability October 1, 2018
The plaintiff appealed the Appellate Division’s decision which reversed the trial court’s order that the plaintiff was entitled to redacted hospital documents later found to be reports that were the product of “self critical..., 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...
Florida Workers' Compensation October 1, 2018
The claimant requested a $2,000 advance in order to pay for an IME. The employer argued that the claimant failed to show a financial need for the advance. The claimant contended that she established eligibility based on her 1% permanent impairment..., 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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