Publications
Court of Appeal once again recognizes disparate treatment between opposing parties on discovery of expert bias and certifies question to Florida Supreme Court to seek equal application of the law on plaintiffs and defendants.
Just as it did in its 2019 opinion in Younkin v.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Superior Court of Pennsylvania held that affirmative misrepresentation or fraudulent concealment of conduct that allegedly led to a patient’s death will toll statute of limitations for medical malpractice claims.
The case involved a wrongful death and survival action brought by the decedent’s administratrix against the decedent’s primary care physician.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The Superior Court of Pennsylvania held that a witness was qualified to testify as an expert in pharmacy practice.
The plaintiff brought a medical malpractice action against healthcare providers, including a pharmacy.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The Superior Court of Pennsylvania held that the trial court abused its discretion in refusing to instruct the jury on res ipsa loquitor.
The plaintiff brought a medical malpractice action against an anesthesiologist, based on the theory that the incorrect insertion of the central
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Florida’s Fourth Circuit continues trend requiring apportionment of damages in construction cases.
The Court of Appeals rejected the arguments of the plaintiff and held the apportionment of damages by the underlying court utilizing comparative
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Delayed service is entirely inconsistent with the accelerated nature of a prerogative writs action.
This matter involved a prerogative writ action, challenging a construction board of appeals’ decision affirming the issuance of a notice of unsa
Ohio appellate court finds expert testimony may not be necessary to prove claim against an insurance agent.
The Ohio Seventh District Court of Appeals reversed summary judgment in favor of an insurance agent and found that there was an issue of fact as
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
Discrete adverse employment actions cannot be aggregated to claim a continuing violation under CEPA.
The plaintiff retired from his position as a State Trooper and thereafter filed a whistleblower (CEPA) claim alleging that certain employment actions were in ret
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The impact of potential individual liability on removal of action to federal court.
The plaintiff filed a complaint in state court alleging violations of the New Jersey Law Against Discrimination (NJLAD) and naming his employer and certain indiv
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte
The plaintiff’s failure to name her employer in claims under Title VII and the ADEA is fatal to her claim.
The pro se plaintiff alleged that during her employment she was denied promotions and demoted due to her race, religion and age.
Case Law Alerts, 1st Quarter, January 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of inte