On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

Defense Digest, Vol. 24, No. 1, March 2018

Audrey Copeland (King of Prussia, PA) obtained the Third Circuit’s affirmance of the order of the U.S. District Court for the Western District of Pennsylvania in favor of Marshall Dennehey’s client in an employment discrimination case. The plaintiff was denied leave to file a second amended complaint to re-assert a previously abandoned theory of liability as her delay was “undue” and would cause substantial prejudice to the defendant. Yochum v. FJW Investment, Inc., et al., No. 16-3784 (3d. Cir. October 30, 2017).

In another matter, Audrey convinced the Commonwealth Court to affirm the decision of the Workers’ Compensation Appeal Board in the employer’s favor as to the claimant’s modification and review petition. The court reasoned that the claimant’s claim for specific loss injury benefits was barred by the three-year statute of limitations of Section 413(a) of the Act, 77 P.S. §§ 771-772. Marcusky v. Workers’ Comp. Appeal Bd. (Williamsport Area School District), No. 56 C.D. 2017 (Pa. Cmwlth. October 13, 2017).

*Prior Results Do Not Guarantee a Similar Outcome


Defense Digest, Vol. 24, No. 1, March 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2018 Marshall Dennehey Warner Coleman & Goggin. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.