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Practice Area Articles

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E.g., Jun 25, 2018
End Date
E.g., Jun 25, 2018
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Law Alerts 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...
Law Alerts 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...
Law Alerts April 1, 2018
The 1st DCA held that the 120-day defense must be timely and specifically plead by claimants and may not be raised sua sponte by the Judge of Compensation Claims. The court held that the claimant’s pre-existing osteoarthritis was a qualifying..., 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...
Law Alerts April 1, 2018
The plaintiff brought suit for injuries sustained when he was struck in the face by a golf club while watching a demonstration on how to hit a golf ball. The court reversed the trial judge’s granting of summary judgment in the defendant’..., 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...
Law Alerts April 1, 2018
The court (Kings Supreme) denied the defendants’—Crown Petroleum Transportation, LLC and Rubian Kumar, the owner operator of the tractor-trailer—motion for summary judgment seeking a dismissal of the plaintiff’s complaint for..., 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...
Law Alerts April 1, 2018
In 2014, the insured reported that the trusses holding up its roof had moved and were sagging. After a forensic inspection by an outside engineering firm, the insurer denied the claim on the basis that the damage to the trusses was not storm related..., 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...
Law Alerts April 1, 2018
According to the Commonwealth Court, the employer presented competent medical testimony that rendered its contest reasonable. Although the IME physician did not believe the claimant suffered a work injury, he still testified that he thought the..., 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...
Law Alerts 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...
Law Alerts 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...
Law Alerts 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...

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