Publications
New Jersey federal court determines Brillhart abstention remains “robust” and dismisses an insurer’s declaratory judgment complaint without prejudice.
An insurer filed a declaratory judgment action seeking a declaration that it owed no duty to defend its insured in an underlying state tort action.
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.
Rational differences in claim valuations do not lead to an inference of bad faith on the part of an insurer without more.
In a bad faith action against an insurer for denial of UM benefits, the trial court granted the insurer’s motion for summary judgment.
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.
Access to public documents under the common law is broader than the OPRA.
The plaintiff requested documents from the prosecutor’s office under the Open Public Records Act and the common-law right to access to public records.
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.
FINRA panel dismisses the claimant’s claims as untimely and ineligible under Rule 13206.
In January 2016, the claimant filed a statement of claim, alleging damages resulting from the respondent’s loss of an electronic trade ticket that allegedly resulted in the claimant’s clients’ shares sitting in a block trading ac
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.
U.S. Supreme Court holds that the Securities Exchange Act does not block shareholders from bringing certain securities claims in state court.
Manning held over two million shares of stock in Escala Group, Inc. He claimed that he incurred losses when the share price decreased after Merrill Lynch allegedly devalued the shares through “naked short sales” of the stock.
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.
Employer’s termination petition granted, the agreement as to compensation is null and void since evidence showed the claimant committed fraud in claiming the work injury.
The claimant alleged a work-related injury and was paid wage loss benefits, and the employer paid medical benefits.
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.
Average of claimant’s post-injury earnings, not week-by-week comparison, should be used since this method accounted for the weeks where the claimant earned more than the pre-injury average weekly wage.
The Board noted that the term “partial disability” is not defined in the Act, but stated that the purpose of partial disability benefits is to assure that a claimant who suffers a loss of earning power caused by a compensable injury ca
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.
Occupational claims properly dismissed due to failure to establish that disability was due in a material degree to conditions at work that were characteristic of or peculiar to employment.
The judge of compensation dismissed with prejudice the petitioner’s claims against the three defendant employers, finding that the petitioner failed to meet “her burden of establishing that her disability was due in a material degree t
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 joinder petition is deemed untimely if not filed within 20 days of the “triggering event” in litigation.
The Appeal Board reversed the Workers’ Compensation Judge’s decision, concluding that Employer A’s joinder petition was not filed timely.
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 claimant injured while walking along a U.S. naval ship that is on the water is not entitled to workers’ compensation benefits, the Long Shore and Harbor Workers’ Compensation Act has exclusive jurisdiction.
Before the Workers’ Compensation Judge, the parties litigated the issue of whether there was concurrent compensation under the Pennsylvania Workers’ Compensation Act (Act) or whether the Long Shore and Harbor Workers’ Compensatio
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.