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Marshall Dennehey Warner Coleman & Goggin, P.C. Document Search Results (110)

 

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HTMLYes! Waivers of Liability for Recreational Activities Are Still Effective in Pennsylvania
Stuart H. Sostmann; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
Over the years, the plaintiffs’ bar has continuously tried to attack releases included in membership agreements, recreational activity waivers and other forms for non-essential activities. The appellate courts in Pennsylvania have been addressing various releases on a continuous basis for the...

 

HTMLClaimant’s Counsel Must Refund Erroneously Granted Attorneys’ Fees
Shannon Fellin; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
Believe it or not, sometimes Workers’ Compensation Judges get it wrong. A recent case from the Commonwealth Court allows the employer to be made whole when there is an award of attorneys’ fees that was erroneously awarded. The remedy is not reimbursement from the Supersedeas Fund, but...

 

HTMLThis Is Exhausting! Parents of Special Needs Children Who Allege Educational Harm Must Exhaust Administrative Remedies Under the IDEA Before Filing Lawsuit
Christopher J. Conrad; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
The Individuals with Disabilities Education Act, as amended (IDEA), is a federal civil rights statute intended to “[e]nsure that all children with disabilities have available to them a free appropriate public education that emphasizes special education and related services designed to meet...

 

HTMLCalculating the Time to Appeal in Florida
Courtney B. Shapero; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
You are in court at a hearing on a motion that, depending on the outcome, may give your client the right to appeal. The judge issues an order from the bench. Your client is considering whether to file an appeal, and he has only 30 days to do so. However, it takes a week before the judge signs the...

 

HTMLFollowing the Money: EEOC Drastically Expands Employer EEO-1 Reporting Requirements With Addition of Workforce Pay Data Component
David J. Oberly; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
The EEOC recently released its much-anticipated final revisions to its annual Employer Information Report-more commonly known as the EEO-1 Report-which has been significantly modified to mandate the submission of worker pay data from certain employers. As a result, beginning in March 2018, the EEOC...

 

HTMLIngress and Egress: Appellate Division Finds Employer Had Control Over Parking Lot
Michael R. Duffy; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
The New Jersey Appellate Division recently affirmed a Judge of Compensation’s decision finding a slip and fall in a parking lot to be within the course and scope of employment. In Giordano v. High Point Insurance, et al., 2016 N.J.Super. Unpub. LEXIS 2233 (App.Div. Oct. 11, 2016), the...

 

HTMLNegligent Security Claims In Florida: the “Victim-Targeted” Defense
Michael G. Archibald; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
Insurers of business owners and property managers pay large settlements for injuries and certainly deaths caused by criminal conduct of others that occur on their insureds’ properties. Accounting for many of these settlements are claims that can be described as “victim-targeted”...

 

HTMLRedefining Gross Negligence: Can Recreational Sport Operators Insulate Themselves From Liability With Pre-Injury Waivers?
Michael A. Alberico; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
Plaintiffs’ attorneys are baiting the hook with arguments conflating gross negligence with negligence, and the judicial system is biting. If recreational sport entity operators wish to remain insulated from negligence claims with pre-injury waivers, an examination of gross negligence’s...

 

HTMLKentucky Opens the Door for Premises Liability Lawsuits by Abandoning the Open-And-Obvious Doctrine. Ohio Retains This Critical Defense
Stephen M. Wagner; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 22, 2017, previously published on March 1, 2017
The Kentucky Supreme Court has eroded the open-and-obvious doctrine as a complete defense for Kentucky landowners and occupiers through its opinions in Shelton v. Kentucky Easter Seals Society, Inc., 413 S.W.3d 901 (Ky. 2013) and Carter v. Bullitt Host, LLC, 471 S.W.3d 288 (Ky. 2015)....

 

HTMLWithout Good Cause, Only One IME Allowed Under Pennsylvania Rule of Civil Procedure 4010.
Allison L. Krupp; Marshall Dennehey Warner Coleman & Goggin, P.C.;
Legal Alert/Article
March 16, 2017, previously published on February 14, 2017
In this case, the court considered whether the defendant had shown good cause under Pennsylvania Rule of Civil Procedure 4010 in requiring the plaintiff to attend two separate independent medical examinations (“IME”). The court considered that Rule 4010 allows the court to order a party...

 


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