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Legal Updates for Insurance Agents & Brokers
Ohio • Insurance Agents & Brokers Liability • April 4, 2018
Ohio Supreme Court Clarifies Start of Statute of Limitations in Insurance Agent & Agency Negligence Actions   By David J. Oberly, Esquire The Ohio Supreme Court has issued a significant decision that is extremely pertinent to all..., 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 Employment Law
Federal • Employment Law • April 2, 2018
Court Ruling Highlights Challenges Employers Face in Fending Off Discrimination Lawsuits By Robert Garcia, Esquire* Bowen v. Manheim Remarketing, Inc., Docket No. 1:15-cv-00876-TCB (11th Cir. Feb. 21, 2018) The plaintiff was hired as an..., 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...
Evidence of medical treatment a plaintiff might possibly need in the future is insufficient to award future medical expenses.
Florida • Automobile Liability • April 1, 2018
In this personal injury case, the driver sought recovery from her uninsured motorist carrier. The jury awarded her damages for future medical expenses. The insurer moved for a new trial or remittitur regarding the award of future medical expenses on..., Case Law Alerts, 2nd Quarter, April 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...
Internal disagreement over manner of operating business operations is insufficient for purposes of asserting a CEPA Whistle Blowing claim.
New Jersey • Employment Law • April 1, 2018
The plaintiff was terminated following his refusal to accept a promotion. The job was then offered to another employee. The employer asserted that the plaintiff was no longer needed after he refused the promotion and the other employee accepted it...., Case Law Alerts, 2nd Quarter, April 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...
No duty to seek work elsewhere when given reasonable expectation of employment by employer.
Delaware • Workers' Compensation • April 1, 2018
The parties stipulated that the claimant sustained a compensable low back injury and that the employer paid the claimant wages in lieu of compensation up through January 20, 2017. The issue before was whether the claimant was entitled to total..., Case Law Alerts, 2nd Quarter, April 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...
Under the doctrine of “conflict pre-emption,” a manufacturer of aircraft component parts could not be held liable under state law theories of 402A product liability or negligence.
Federal • Aviation and Complex Litigation • April 1, 2018
After remand from the Third Circuit Court of Appeals, Federal Judge Brann held that under the doctrine of “conflict pre-emption,” a manufacturer of aircraft engines could not be held liable under state law theories of 402A product..., Case Law Alerts, 2nd Quarter, April 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...
A Title VII claim is not established when claiming a single comment, which did not affect the conditions of employment.
New Jersey • Employment Law • April 1, 2018
On two occasions the plaintiff’s assistant general manager told plaintiff to “speak English.” The plaintiff reported the comments to the general manager, who spoke to the assistant general manager and issued the assistant general..., Case Law Alerts, 2nd Quarter, April 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...
Board committed legal error by applying the “going and coming” rule.
Delaware • Workers' Compensation • April 1, 2018
On appeal, the Superior Court made reference to the “going and coming” rule, which provides that injuries resulting from accidents during an employee’s regular travel to and from work are not compensable. There are exceptions to..., Case Law Alerts, 2nd Quarter, April 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...
Abuse of discretion to deny motion for fees/costs pursuant to offer of judgment statute, nominal proposal for settlement not made in good faith when insurer had reasonable basis to determine its exposure was nominal at the time it served the proposal.
Florida • General Liability • April 1, 2018
Florida’s Third District Court of Appeals reversed the trial court’s finding that the insurer’s proposal for settlement was not made in good faith. The court found that the insurer had a reasonable basis to conclude its exposure..., Case Law Alerts, 2nd Quarter, April 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...
Severe or pervasive requirement not met for hostile work environment claim stemming from a single sexist remark overheard by the plaintiff.
New Jersey • Employment Law • April 1, 2018
The plaintiff worked as a hostess at a restaurant. During the course of her employment, she overheard her manager use an obscene, sexist term in referring to a group of female customers. The comment wasn’t directed at the plaintiff, nor did..., Case Law Alerts, 2nd Quarter, April 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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