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Practice Area Articles

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E.g., Apr 26, 2019
End Date
E.g., Apr 26, 2019
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Law Alerts April 1, 2019
The petitioner, a cab driver, was injured in 2014 while picking up a customer. Although the facts of the incident were not in dispute, the parties agreed to bifurcate the trial to address whether the petitioner was an employee of the respondent or..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
This case involved claims against Ford and Goodyear arising out of an allegedly defective Ford Explorer and Goodyear tire that malfunctioned, causing the death of several of the vehicle’s occupants. The car was registered in New York to a New..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
The plaintiff filed a complaint premised upon a claim of age discrimination under the ADEA and following the EEOC’s issuance of a right to sue letter. The employer sought dismissal of a portion of the complaint based upon the argument that the..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
This is another case where timing matters. The plaintiff arrived at Wal-Mart after it had been snowing heavily for approximately three hours. At that time, the snow removal contractor had been on site for approximately one hour, performing snow..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
The Ohio Supreme Court has revisited, affirmed and applied its earlier decision in Westfield Ins. Co. v. Custom Agri Systems, Inc. 133 Ohio St.3d 476, holding that an “insurer is not required to defend a commercial-general-liability..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
In a prior order that was pending on appeal, the judge of compensation claims determined the claimant was at maximum medical improvement. The order on appeal concerned claims for temporary partial disability benefits, which the judge dismissed,..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
The defense was questioning an expert witness, a physician. The doctor, who had already been qualified as an expert, had performed an examination of the plaintiff over one year prior to the actual trial. While testifying at the trial, the physician..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
In a published and, therefore, binding opinion from the Appellate Division, the court held that Pfizer’s “training module” on its mandatory arbitration policy applicable to employment-related claims was not legally sufficient since..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
This case speaks to so many defense attorneys who are tasked with defending our clients against slip-and-fall plaintiffs who cannot articulate or prove the claimed “hazard” that purportedly caused their injuries. In this federal case out..., Case Law Alerts, 2nd Quarter, April 2019 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...
Law Alerts April 1, 2019
In this case of first impression, the issues were whether: (1) the Delaware Medical Marijuana Act (DMMA), specifically its anti-discrimination provision, was in conflict with the federal Controlled Substances Act (CSA) and is thus preempted; and (2..., Case Law Alerts, 2nd Quarter, April 2019 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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