Publications
The court points out that the utilization review process is not the proper method to determine causation of an injury or condition.
The employer filed a Utilization Review Request to review compounded medication being given to the claimant, which was determined to be reasonable and necessary.
Case Law Alerts, 1st Quarter, January 2018
Fatal motor vehicle accident occurred within the course and scope of employment because the decedent was responding to an operational issue at one of his employer’s locations.
According to the Commonwealth Court’s analysis, the decedent, as manager for one of the employer’s many locations, was a stationary employee as to that store.
Case Law Alerts, 1st Quarter, January 2018
The admissibility of Blood Alcohol Content evidence is within the trial court’s discretion.
The decedent was hit at a four-lane intersection in Philadelphia. The defendant admitted to not seeing the decedent. The toxicology report indicated a BAC of .313 along with other illegal substances in the decedent’s blood.
Case Law Alerts, 1st Quarter, January 2018
Legal Updates for Construction Litigation
Florida Supreme Court Rules Ch. 558 Is a "Suit"
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
IP Claims Quarterly
Edited by David J. Shannon, Esq.
Despite the Smell, No Counterfeiting Found in Perfume Trademark Infringement Case
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
Police do not have a duty to warn of a dangerous condition at a crate derby.
A hay bale lining the course of a crate derby was hit by a crate that had hit a pothole. Summary judgment as to the defendant was upheld.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Non-homeowner party hosts can be held responsible for preventing or limiting use of a trampoline.
The accident occurred during a high school graduation party being held by a homeowner, who was called away for a work obligation. The homeowner contended that the “house rules” included that no one was to go on the trampoline.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Claim brought by worst holiday dinner guest ever is dismissed.
A dinner guest’s lawsuit for failure to warn of a dangerous condition was dismissed. The plaintiff alleged that she tripped over the host’s sleeping dog while carrying a wine glass.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Thank God! Photographs of tile support summary judgment for a church.
The plaintiff allegedly tripped and fell over a damaged piece of tile in an interior hallway while exiting a Catholic church.
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court rules that adverse inference instruction was proper if the jury did not credit the testimony of defendant’s employee regarding spoliation of surveillance video.
The Appellate Division, Second Department affirmed the trial court’s ruling permitting the jury to consider an adverse inference charge if they did not credit the testimony of the defendant’s witness that there was no surveillance foot
Case Law Alerts, 4th Quarter, October 2017 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.