Publications
Ohio Supreme Court signals that Good Samaritan Immunity applies to all Ohioans, not only health care professionals.
Carter slipped and his leg became wedged between the loading dock and the trailer of his truck. Reese heard Carter yelling for help and came to his aid.
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 district court’s denial of a ship owner’s exoneration from or limitation of liability petition is subject to appellate jurisdiction pursuant to 28 U.S.C. § 1292(a)(3).
The United States Court of Appeals for the Tenth Circuit addressed the distinction between appellate jurisdiction pursuant to 28 U.S.C. § 1291 and appellate jurisdiction pursuant to 28 U.S.C. § 1292(a)(3).
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.
Pennsylvania Superior Court finds that the continued vitality of the prohibition on government and industry standards evidence is a question best addressed in a post-Tincher case.
In this crashworthiness case, the plaintiff asserted negligence and strict liability claims against the defendants.
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.
Defendant not entitled to attorneys’ fees under Florida statute when state law claims are not specifically asserted against it in an interstate transportation complaint.
The plaintiff filed a claim against three defendants for claims of breach of contract of carriage under the Carmack Amendment and state law negligence.
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.
New Jersey Supreme Court holds that enhanced requirements of the Patients First Act apply only to physicians in medical malpractice actions.
The plaintiff filed suit against an orthodontist alleging negligence in the treatment of sleep apnea. The plaintiff served an Affidavit of Merit (AOM) from a prosthodontist who had 20 years experience in treating sleep apnea. The trial c
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.
Neither the Medicare Conditions of Participation found in 42 C.F.R. § 482.12 nor hospital admission documents advising of independent contractor physician relationship impose a non-delegable duty on hospitals to provide non-negligent care and treatment.
The Second District Court of Appeal shot down the plaintiff’s claims seeking to hold the hospital legally responsible for the negligence of an independent contractor physician pursuant to the Medicare Conditions of Participation set forth in
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.
The New Jersey Supreme Court clarified recent interpretations of the “like-licensed” requirement of the Affidavit of Merit Statute.
Recent court rulings have interpreted the Affidavit of Merit Statute as requiring that a plaintiff secure an affidavit from an expert with equivalent licensure and credentials of the professional defendant.
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.
What constitutes proper notice of PIP reduction methodology pending before the Florida Supreme Court.
The insurer’s automobile policy contained the following clause regarding its PIP coverage: “Any amounts payable under this coverage shall be subject to any and all limitations, authorized by section 627.736 or any other provisions of t
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.
Pennsylvania’s economic loss doctrine bars tort claims where there is no personal injury or property damage.
The plaintiffs sued on behalf of a class of former employees and customers of the defendants, medical and dental benefit providers.
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.
Supreme Court clarifies time in which motion to vacate arbitration award must be served.
An arbitrator appointed to settle a dispute over the termination of a teacher found that the termination was appropriate. The decision was emailed on December 10.
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.