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August 23, 2023 | The Legal Intelligencer

Creative Noninsureds Seek New Ways to Recover Benefits: How One Court Addressed This Trend

For years, creative noninsured entities and individuals have concocted innovative ways to recover payment under homeowners policies to which they are not a party. Many times, the noninsureds have relied on obtaining assignment of benefits (AOBs) from the insureds to then recover payment.
5 minute read
August 21, 2023 | The Legal Intelligencer

People in the News—Aug. 21, 2023—Fisher Phillips

Additions Fisher & Phillips recently announced that Scott C. Oberlander has joined the firm as of counsel in the firm's Philadelphia office. Oberlander…
3 minute read
August 08, 2023 | The Legal Intelligencer

Axl Rose, Guns N' Roses Hire Marshall Dennehey to Defend Against Suit Over 'Recklessly' Thrown Microphone

This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
August 03, 2023 | The Legal Intelligencer

Dentist Failed to Diagnose Jaw Cancer, Patient Alleged

On Feb. 1, 2017, plaintiff Robert Quigley, a construction manager in his late 30s, presented to Gwynedd Dental Associates, LLC, after having not seen a dentist in two years. The facility performed an X-ray which allegedly showed a cancerous tumor in his jaw. The practice categorized the pathology as a bony anomaly, and allegedly did not tell Quigley about the finding or what had to be done to investigate.
5 minute read
August 03, 2023 | The Legal Intelligencer

Pa. High Court Doubles Down on the Workers' Comp Act's Exclusivity Provision

Employers continue to be shielded from defending against lawsuits by employees when the matter at issue is intertwined with the workers' compensation claim and an employee alleges a failure to investigate a workplace injury.
7 minute read
August 01, 2023 | The Legal Intelligencer

Pa. Superior Court Rejects Blanket Privilege for Foster Care Case File in Wrongful Death Suit Against Agency

"If Johnson had any juvenile adjudications satisfying Section 6307(b)'s requirements, the Juvenile Act would not bar disclosure of the 'offenses charged and the disposition of the case' and Johnson's age at the time," Stevens said.
4 minute read
July 31, 2023 | Daily Business Review

Florida Insurance Lawyers Turn to Corporate Clients as Ordinary Cases Face Extinction

"The people who need help the most that are going to be the most hurt," said Miami litigator Oliver Birman, describing the consequences of a tort reform measure enacted in March.
4 minute read
July 31, 2023 | The Legal Intelligencer

People in the News—July 31, 2023—Marshall Dennehey, Ballard Spahr

Marshall Dennehey Warner Coleman & Goggin's diversity, equity and inclusion committee hosted a panel discussion and reception for members of the Rutgers Law School Minority Student Program (MSP) on July 17 at the firm's Philadelphia office.
3 minute read
July 26, 2023 | New Jersey Law Journal

$9.1M Settlement: School District Agrees to Pay for Failure to Prevent Bullying

"When the harassment is during school hours, and after school hours, and it involves a student, that student has to be protected. Then it's the school's responsibility to stop it," plaintiffs lawyer Bruce Nagel said.
4 minute read
Henry v. Wilmington Trust NA
Publication Date: 2023-07-24
Practice Area: Labor Law
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Chagares
Attorneys:
For plaintiff: Sarah M. Adams, Michael J. Prame, Groom Law Group Chartered, Washington, DC; Mark A. Nebrig, Moore & Van Allen, Charlotte, NC; Kevin J. Connors, Marshall Dennehey Warner Coleman & Goggin, P.C., Wilmington, DE for appellants.
For defendant: Daniel Feinberg, Feinberg Jackson Worthman & Wasow, Berkeley, CA; David A. Felice, Bailey & Glasser LLP, Wilmington, DE. Ryan T. Jenny, Gregory Y. Porter, Bailey & Glasser LLP, Washington, D.C.; Peter K. Stris, Rachana A. Pathak, John R. Stokes, Stris & Maher LLP, Los Angeles, CA; Tillman J. Breckenridge, Stris & Maher LLP, Washington, DC for appellee.
Case number: 21-2801

Nonseverable class action waiver in ESOP plan's arbitration provision rendered provision unenforceable where waiver barred plan participants from pursuing remedies authorized by ERISA.

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