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Legal Updates for Employment Law
• Employment Law • March 9, 2018
Amended NYC Law Requires Employers to Cooperate With Employees Seeking an Accommodation   By Nicholas P. Chrysanthem, Esquire Effective October 15, 2018, covered employers in New York City will be required to engage in written or oral..., 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...
Legal Updates for Insurance Agents & Brokers
Florida • Insurance Agents & Brokers Liability • March 1, 2018
By David Henry, Esquire Key Defenses to E&O Claims That Really Aren’t     One of the most important defenses in a failure to procure claim against an insurance agent is not technically a defense—it is something a..., 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...
Special Law Alert: Tincher II – The Pennsylvania Superior Court Orders a New Trial and Reaffirms that the Supreme Court in Tincher I Made Sweeping Changes to Pennsylvania Products Liability Law
• Appellate Advocacy and Post-Trial Practice, Product Liability • February 20, 2018
In its landmark 2014 decision in Tincher v. Omega Flex, Inc., 104 A.3d 328, 335–36 (Pa. 2014)(Tincher I), the Pennsylvania Supreme Court reshaped Pennsylvania product liability law. Among the most sweeping of Tincher I’s proclamations..., This Special Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. It is not intended to provide legal advice for a specific situation or to...
Legal Updates for Privacy and Data Security
Federal • Privacy and Data Security • February 6, 2018
OCR Announces $3.5 Million Settlement With a Medical Provider for Five Separate Data Breaches By David J. Shannon, Esquire Fresenius Medical Care North America (FMCNA) and the Office of Civil Rights (OCR) have entered into a $3.5 Million..., 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...
Legal Updates for Insurance Agents & Brokers
Pennsylvania • Insurance Agents & Brokers Liability • February 1, 2018
By Timothy G. Ventura, Esquire PA Supreme Court Decision Bolsters Defense of Financial Advisors/Insurance Agents   Yenchi v. Ameriprise Fin., Inc., 161 A.3d. 811, 820 (Pa. 2017) Insurance agents and brokers and financial advisors..., 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...
PGA dismissed on summary judgment from child’s injury at golf summer camp.
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...
Be careful of what you fail to see.
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...
The court points out that the utilization review process is not the proper method to determine causation of an injury or condition.
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...
The emergency doctrine does not apply to rear-end collisions.
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 Supreme Court strikes down as unconstitutional legislative amendments that permitted medical malpractice defendants to conduct ex parte interviews with plaintiffs’ treating health care providers.
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...

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