Publications
Commonwealth Court denies motion to vacate 2003 Impairment Rating Evaluation.
The claimant’s August 2000 work-related injuries were acknowledged in a Notice of Compensation Payable.
Case Law Alerts, 2nd Quarter, April 2017
Commonwealth Court vacates Board’s order affirming IRE performed using the 6th Edition of the AMA Guides holding that Protz v. WCAB controls.
In October 2012, the claimant underwent an IRE, and an impairment rating of 28% under the 6th Edition of the AMA Guides was given.
Case Law Alerts, 2nd Quarter, April 2017
Summary judgment for a university and a coach present as an observer at cheerleading instruction.
In a case that was denied a Petition for Allowance of Appeal by the Pennsylvania Supreme court, summary judgment was properly granted to a university in a negligence action by a university cheerleader who was injured practicing stunts.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An arbitration clause signed by the parent for a minor child is found not enforceable without clear language as to what is being waived.
A waiver requiring submission to arbitration was found enforceable by the trial court but unenforceable by the Superior Court.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
The Charitable Immunity Act does not protect the YMCA from liability for negligence.
In a case previously seen as a discussion of when a waiver does not apply to an activity that is not inherent to the sport (swimming) but to general premises liability (slip on a wet floor), the Essex County trial court and the Superior Court of N
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A general contractor’s application for attorneys’ fees granted pursuant to a subcontract agreement on a bridge rehabilitation project.
The United States District Court for the Southern District of New York granted the application of Tutor Perini Corp., general contractor on a bridge rehabilitation project, for attorneys’ fees pursuant to its Subcontract Agreement with a tug
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court declines to broaden the scope of bystander liability in strict product liability action.
The plaintiff in this strict liability action was a truck driver who was injured by a product while preparing it for delivery to the ultimate buyer.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Claim under the Carmack Amendment is viable against broker even when broker does not actually carry the cargo.
This matter involved a subrogation action brought by insurers of Sharp Electronics against Wheels MSM and Tiger Express.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Trial court grants summary judgment pursuant to New Jersey Medical Care Access and Responsibility and Patients First Act.
The defendant, a family practice physician, performed a phlebectomy on the plaintiff, which she claimed caused her permanent injuries.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Psychologist/psychiatrist-patient privilege extends to communications with entire facility, and attorney-client privilege covers notes a client takes at direction of attorney.
In a discovery response, the defendant asserted that she sought counseling related to the incident giving rise to the case. The plaintiff followed up with a request that she give the name and relevant information for her treatment.
Case Law Alerts, 1st Quarter, January 2017. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.