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Law Alerts

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Legal Updates for Construction Litigation
Florida • Architectural, Engineering and Construction Defect Litigation • June 1, 2017
Debunking Professional Negligence Liability of an Engineer in Training   A recent case out of Florida sheds new light on the potential liability for Engineers in Training ("EITs").  In the case of Sunset Beach Invs., LLC v...., 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 - Preserving Arbitration: The U.S. Supreme Court Nears Unanimity to Protect the Supremacy of the Federal Arbitration Act
Kentucky • Health Care Liability , Long-Term Care Liability • May 24, 2017
Last week, the United States Supreme Court slammed a Kentucky rule that required “explicit reference” to the authority to enter into arbitration agreements in powers of attorney. In a 7-1 decision, Justice Kagan delivered a pejorative..., This Special Law Alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments to our readers. It is not intended to provide legal advice for a specific situation or to...
Legal Updates for Coverage and Bad Faith
Pennsylvania • Insurance Coverage/Bad Faith Litigation • May 15, 2017
edited by Allison L. Krupps, Esq. Court dismisses breach of contract and bad faith claims based on one-year suit limitation clause.    Long v. Farmers New Century Ins. Co., 5:15-cv-06724 (E.D. Pa. March 30, 2017) The United States..., 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...
Special Law Alert - What’s Next for Daubert in Florida?
Florida • • May 12, 2017
On February 16, 2017, the Florida Supreme Court declined to adopt §90.702 “to the extent that it is procedural, due to constitutional concerns, which must be left for a proper case or controversy.”  In light of this limited and...,   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...
Legal Updates for Environmental Law
New Jersey • Environmental & Toxic Tort Litigation • April 11, 2017
Restoration Versus Remediation By Lila Wynne, Esq. Recently, the New Jersey Department of Environmental Protection (NJDEP), its commissioner and the administrator of the New Jersey Spill Compensation Fund sought both damages in the form of..., Private Parties Left Holding the Bag When It Comes to Pre-1977 Contamination By Kevin T. Bright, Esq. The New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq., provides a comprehensive mechanism for allocating financial..., 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...
Expert testimony necessary for jury to consider whether bar stool is defective. Daubert motion granted to exclude medical expert who did not consider other injuries.
Delaware • General Liability • April 1, 2017
The plaintiff was injured on the defendant’s property when another person fell on top of her, apparently because the chair portion of the person’s bar stool separated from the seat portion. The plaintiff did not retain a liability expert..., Case Law Alerts, 2nd Quarter, April 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 advice...
Retailer entitled to summary judgment because plaintiff failed to identify the cause of her fall.
New York • Retail Liability • April 1, 2017
The appellate division held that a retailer was entitled to summary judgment because the plaintiff could not identify the cause of her fall without engaging in speculation. The defendant pointed to testimony from the plaintiff that she was not sure..., Case Law Alerts, 2nd Quarter, April 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 advice...
Heart and Lung Act benefits not subject to subrogation under Act even when claimant agreed to employer’s lien recovery in stipulation.
Pennsylvania • Workers' Compensation • April 1, 2017
The Commonwealth Court found that the claimant signed the stipulation that was submitted to the Workers’ Compensation Judge after they issued their opinion in Stermel v. WCAB (City of Philadelphia, 103 A.3d, 876 (Pa. Cmwlth. 2014), wherein the..., Case Law Alerts, 2nd Quarter, April 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 advice...
Evidence of plaintiff’s poverty inadmissible to prove alleged motive to falsify claim. Written expert reports are generally inadmissible at trial, but other items within reports may be admissible under the Rules.
Delaware • General Liability • April 1, 2017
The plaintiff, a former tenant of the defendants, claimed that he fell through a hole in their rental property. The defendants claimed he falsified his injury to receive compensation and because of the parties’ disagreements. The plaintiff..., Case Law Alerts, 2nd Quarter, April 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 advice...
Landowner’s lease agreement with another entity does not abrogate landowner’s duty to its customers to keep premises safe.
Delaware • Retail Liability • April 1, 2017
The plaintiff slipped and fell on ice while visiting Acme in the Fox Run Shopping Center. The defendants, Acme and Fox Run, sought dismissal of Acme and its owner Albertsons because the lease agreement between Acme (tenant) and Fox Run (landlord)..., Case Law Alerts, 2nd Quarter, April 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 advice...

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