Publications
Deliberate indifference claim under 42 USC § 1983 for denial of medical care requires evidence that defendant had some subjective knowledge that inaction would pose serious risk to inmate and jail officer still ignored it.
A pre-trial detainee stated claims under 42 USC section 1983 for failure to provide medical care against jail officers. The District Court granted summary judgment to the jail officers. The U.S.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Summary judgment granted and entitlement to good faith immunity pursuant to the New Jersey Tort Claims Act and due to plaintiff’s failure to establish causation.
The Estate alleged that the Piscataway Police Department and its officer failed to recognize Yearby’s mental illness, which led to his death at the Middlesex County Correctional Facility.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
FINRA censures and fines broker-dealer for use of instant messaging app.
A FINRA registered broker-dealer had written procedures that prohibited the use of instant messages for business purposes unless the firm granted an individual permission to use them.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Court affirms Board’s decision, rejects employer’s arguments it was denied due process of law by refusal to allow certain evidence and improper determination that implied agreement existed for more severe injury than what was agreed to by the parties.
Ms. Gallagher injured her low back in a work accident on June 13, 2018. The employer acknowledged the accident and paid total disability benefits, medical expenses and a 7% permanent impairment to the lumbar spine.
What’s Hot in Workers’ Comp
Court finds that claimant’s counsel was due a fee by the employer/carrier on an increase in the claimant’s average weekly wage.
The claimant requested adjustment of the average weekly wage as well as fee entitlement to claimant’s counsel.
What’s Hot in Workers’ Comp
The Appellate Division Affirms Dismissal of Petitioner’s Three Claim Petitions for Failure to Sustain Burden of Proof.
The petitioner began working for the respondent in 1999. In 2001, she was struck by a car and her right hand went through the windshield. She underwent surgery to repair her hand and another later to remove a neuroma.
What’s Hot in Workers’ Comp
The IRE process for injuries rated is not confined to those injuries described in prior decisions. Section 306 (a.3)(1) of the Act allows for discretion by the IRE physician to determine what diagnoses are due to the work injury.
The claimant sustained work injuries to his low back and left knee in 1999 after falling from a ladder.
What’s Hot in Workers’ Comp is prepared by Marshall Dennehey to provide information on
What's Hot in Workers' Comp - News and Results*
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What’s Hot in Workers’ Comp – Special PA Alert
The Supreme Court of the United States issued a decision affirming Medicaid’s right to seek reimbursement from a settlement amount allocated for past and future medical care. In Gallardo v.
What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
What's Hot in Workers' Comp - Special DE Alert
The Secretary of Labor, Karryl Hubbard, has announced the average weekly wage in Delaware for calendar year 2021 is $1,234.04. This wage figure was derived from data from employers participating in the State’s unemployment insurance system.
What's Hot in Workers' Comp is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.