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On the Pulse…Marshall Dennehey Is Happy to Celebrate Our Recent Appellate Victories*

In this workers’ compensation matter, Audrey Copeland (King of Prussia, PA) convinced the Commonwealth Court to affirm the Workers’ Compensation Appeal Board’s and the workers’ compensation judge’s decisions denying the claimant’s Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

On the Pulse…Other Notable Achievements

Recognition Bradley Goewert (Wilmington, DE) was voted as the Top Delaware Healthcare Attorney for 2019 by Delaware Today. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Five-Year Statute of Limitations Bars Any Challenge to the Validity of Articles of Incorporation in Community Associations

The Second District Court of Appeals has now expanded the statute of limitations to challenges to Articles of Incorporation in community associations in Florida. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

CGL Policies: When Consequential Damages Are a Covered Loss in Construction Defect Matters

Consequential damages to common areas and unit owners’ property in a condominium complex that result from a subcontractor’s defective work constitute both “property damage” and an “occurrence” pursuant to the plain meaning interpretation of the terms as defined in the Insurance Services Office, Inc.’s 1986 standard CGL form. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

States of Confusion

Extraterritorial jurisdiction in the context of workers’ compensation is the legal ability of a state’s government to exercise authority over work-related injuries beyond its normal boundaries. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Riegel Has Landed: Ohio’s Construction Statute of Repose Now Applies to Breach of Contract Claims

Ohio’s ten-year statute of repose for construction claims was long believed to apply only to tort actions. The construction statute of repose was recently held to apply to breach of contract actions as well. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Eastern District of Pennsylvania Weighs in on Section 302 Commitments and Firearm Possession under Federal and Pennsylvania Law

The United States District Court for the Eastern District of Pennsylvania issued two opinions discussing the prohibition of firearm ownership under federal and Pennsylvania laws after an individual has been subject to involuntary examination and observation under Section 302 of Pennsylvania’s Mental Health Procedures Act. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

Barring Coverage in Dram Shop Cases

Just because your insured is not a bar/restaurant does not mean they cannot be liable under dram shop law. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.

A Most Unwelcome Guest…The Visiting Attacker on Campus

A federal district court in Pennsylvania has rejected an attempt to impose liability on a college under Title IX for the murder of a freshman student by her visiting boyfriend while on campus. Defense Digest, Vol. 25, No. 4, December 2019 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.