Publications
Claim petition was again properly dismissed without prejudice where the claimant’s delay in obtaining an expert opinion during litigation was due to circumstances beyond his control.
On appeal to the Commonwealth Court, the employer argued that the Appeal Board was wrong to conclude that the claimant’s delay in deposing his expert was due to circumstances beyond his control.
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 met its burden of proving change of condition in second termination petition proceeding by presenting evidence that there was lack of objective findings to substantiate claimant’s continuing complaints.
In his appeal to the Commonwealth Court, the claimant argued that the employer’s termination petition should not have been granted because the employer did not show a change in the claimant’s condition from a prior termination petition
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 for benefits under § 108(r) for cancer suffered by firefighter must be brought within 600 weeks of last exposure to work-related hazards while working as firefighter or be subject to dismissal.
The Commonwealth Court affirmed the decisions below, concluding that the claim petition was not timely filed.
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.
CMS Overhauls Regulations Applicable to Long-Term Care Facilities
By Chanel M. Mosley, Esq.
This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
A yellow card after a play in a youth soccer game and expert testimony of intent in a youth soccer game were not enough to deny summary judgment as requisite degree of recklessness could not be established.
The parents of a minor sued a youth soccer league when their child was kicked in the leg by another player, age 13, as their child was dribbling to take a shot at the goal.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A liability expert is needed as to the negligence of a referee in an organized league.
The plaintiff’s complaint was dismissed for failure to provide a liability expert report.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A default judgment for intentional assault and battery was granted when plaintiff’s second amended complaint stated valid claims.
In an action from one rugby player to the next, the court granted a default judgment for the defendant’s failure to respond to the second amended complaint, when the second amended complaint set forth a valid claim for assault and battery an
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Plaintiff’s auto insurer not obligated for coverage as driver at fault carried insurance under the Delaware Motorist Protection Act.
The plaintiff/insured, injured (along with seven others) while she was a passenger in a third-party’s vehicle, was seeking gap coverage from her own auto policy after exhaustion of the third-party driver’s PIP coverage.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court denies transportation company’s request to designate aggregate trip data as a trade secret.
This dispute began when administrative law judges, who were reviewing Lyft’s applications to operate in Pennsylvania, ordered the company to provide trip data from a six-month period, beginning at the initiation of its service in Pennsylvani
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
NASCAR champion denied coverage in wrongful death suit.
A New York federal judge ruled that Axis Insurance Co.
Case Law Alerts, 4th Quarter, October 2016. Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.