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  • Article

    Court Rules Labor Law 240(1) Applicable To Pulling Forces

    The Appellate Division, First Department ruled that proof that the wooden dunnage pulled the plaintiff down 3.5′ to the loading dock floor was entitled to summary judgment on Labor Law §240(1)
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    What's Hot In Workers' Comp – Special PA Alert

    On December 22, 2021, Governor Tom Wolf signed into law House Bill 1837, which moderately reforms Sections 413(c) and (d), and Section 449(c) of the Pennsylvania Workers' Compensation Act.
    United StatesEmployment and HR
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Due Process Clause Of 14th Amendment Does Not Require Municipalities Provide Pre-Termination Hearing Where Employee's Position Is Eliminated Following Good Faith Government Reorganization.

    The plaintiff was chief of police from 2006 until the Township eliminated the department in 2016. In March 2016, the supervisors passed a resolution and enacted an ordinance eliminating the department.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Application Of Assumption-Of-Risk And Waiver-Of-Liability Clauses In Member Agreement Upheld Regarding Slip And Fall, And Denial Of Oral Attempt To Amend Pleading To Add Claim For Gross Negligence Affirmed

    The plaintiff alleged that as she was leaving class at a hot yoga studio, she slipped and fell on sweat on the floor. The trial court granted the defendant fitness facility's motion for summary
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Exculpatory Release Granting Municipal Immunity For Violation Of Duty To Maintain Public Roadways Violated Public Policy.

    The plaintiff was injured during a charity bike ride through the City of Philadelphia when he rode into a known, unmarked and un-barricaded sinkhole.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    When Political Subdivision Installs Lighting As Part Of Real Estate, Sovereign Immunity Is Waived If Agency's Negligent Installation And Design Creates Dangerous Condition.

    A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Contractor And Subcontractor Payment Act Applies To Mixed-Use Projects Involving Both Residential And Non-Residential Or Commercial Units.

    The Contractor and Subcontractor Payment Act (CASPA), 73 Pa. Stat. Ann. §§ 501 et seq., applies to construction contracts, except those contracts involving public works projects and construction contracts...
    United StatesReal Estate and Construction
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Independent Due Diligence Blunts Justifiable Reliance Argument In Real Estate Purchase Transaction.

    The Pennsylvania Superior Court recently affirmed the trial court's dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent ...
    United StatesReal Estate and Construction
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Plaintiff Barred From Re-Litigating Qualified Immunity Based On Collateral Estoppel As The Same Analysis Would Be Used By State Court As Was Used By Federal Court For State-Based Claims

    The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting. The Third Circuit granted summary judgment on the federal claims to the defendants
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    PA Superior Court Holds That Expert Testimony Is Needed To Prosecute Claim Of Medical Negligence

    The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    The Asymmetry Of Mediation Results And Litigated Victories

    In an article called "Head Winds, Tail Winds Asymmetry" by behavioral economists Tom Gilovich and Shai Davidai, the authors discuss the idea that people think their burdens are unique or harder than the burdens experienced by others, ...
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Third Circuit Issues Ruling On Insurer's Broad Duty To Defend

    Vitamin Energy arose out of an underlying intellectual property lawsuit filed by the companies that own the trademarks for 5-hour Energy liquid energy shots.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    The Perfect Storm – Changes To ADA And Increased EEOC Enforcement Signal Trouble For Employers

    The Perfect Storm. A combination of factors, great and small, signals trouble for employers throughout the country. Recent changes to the Americans with Disabilities Act ("ADA"), combined with an increase in funding for the Equal Employment Opportunity Commission ("EEOC"),
    United StatesEmployment and HR
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Using The Power Of The Robe To Further Mediation

    Early in my career I had my first trial in federal court, and we had a good argument for directed verdict at the close of the plaintiff's case.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Household Vehicle Exclusion Lives On When Insured Validly Waives Inter-Policy Stacking

    In this case, the insured, Gramaglia-Parent, was involved in an accident while occupying a vehicle owned by her husband which was insured on its own policy of insurance.
    United StatesTransport
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    NJ Legislature Passes Bad Faith – What's Next??

    New Jersey is on the brink of its first insurance bad faith statute after clearing both the Senate and Assembly by vote on January 10, 2022.
    United StatesInsurance
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Covid-19 Update: New Osha Regulatory Standard Mandating Covid-19 Vaccinations For Large Employers

    In June of 2021, OSHA filed its plan and reasoning for a new temporary regulatory standard for large employers (i.e., those with 100 employees or more) for the purpose of enforcing the ...
    United StatesEmployment and HR
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    This Class Action Lacks Class

    In January 2010, the Pennsylvania Superior Court took the relatively bold step of affirming the trial court and decertifying a class action in the case of Clark v. Pfizer, Inc., 2010 PA Super 6 (January 19, 2010).
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Plaintiff Must Show Recognized Duty Is Owed To Support Negligence Claim

    Bailey v. Hospital of the University of Pennsylvania, 1481 EDA 2020 (Pa. Super. Ct. Oct. 26, 2021)
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin
  • Article

    Attorney's Guide To Dealing With Hijackers In Mediation

    Many of you will remember that many years ago there were repeated instances of hijacking of commercial airliners. According to one report, between 1968 and 1972 there were 130 hijackings of American commercial airliners.
    United StatesLitigation, Mediation & Arbitration
    Marshall, Dennehey, Warner, Coleman & Goggin
    Marshall, Dennehey, Warner, Coleman & Goggin

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