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Attorney Profiles

Howard P. Dwoskin 
Philadelphia, Pennsylvania
Shareholder; Assistant Director, Casualty Department
phone(215) 575-2664
fax(215) 575-0856
emailhpdwoskin@mdwcg.com

In his role as assistant director of the Casualty Department, Howard works in step with the director managing the administration process, which includes human relations, workflow, attorney productivity, and marketing. He assists in recruiting top talent and building the legal team at multiple levels in the Casualty Department with the ability to identify and maximize the talents of others. His skills as an organizational leader with over 20 years experience enables him to successfully navigate and manage over 180 attorneys.

In addition to his management role, Howard is also the chair of the General Liability Practice Group and co-chair of the Retail Liability Practice Group where he plays a more substantive role in the handling of case files. As an experienced litigator, he has defended hundreds of premises and retail liability claims as well as several complex, high exposure matters on behalf of insurance companies and self-insureds.

Throughout his career, Howard has been frequent lecturer on the topics of the Art of Negotiation, Pennsylvania Premises Liability Laws, and the Pennsylvania Retail Theft Act. He is the co-chair and course planner for the Pennsylvania Bar Institute's Premises Liability seminar "How To Win the Fall Down Case."

A graduate of the University of Pennsylvania with a Bachelor of Arts in Economics, Howard worked for General Electric for two years before enrolling in Villanova University School of Law where he graduated with a J.D. in 1986.

Howard is a big supporter of the arts. He, along with his wife and two daughters, volunteer in community theatre programs for adults and children.  

Significant Representative Matters

  • Ferdinand v. Save-A-Lot/SuperValu, 2008 U.S. Dist. LEXIS 30683 (E.D. Pa. April. 14, 2008). Plaintiff sued Save-A-Lot alleging wrongful detainment for shoplifting. Although the facts bore out that the plaintiff had properly paid for her purchases, the court, nevertheless, granted summary judgment for the defense pursuant to the Pennsylvania Retail Theft Act.

  • Doylestown Electric Supply Company v. Maryland Cas. Ins. Co., 1996 U.S. Dist. LEXIS, 20599 (E.D. Pa. Dec. 31, 1996). Plaintiff sustained water damage in home due to heavy rains filling drainage system. Court found for defendant stating that, because the damage was caused by both water that backed up from a sewage drain and surface water, the surface water exclusion in the policy allowed insurer to properly deny coverage.

  • Plaintiff claimed to have tripped and fallen over a bare end cap in a major retail department store. Jury found for the defendant on the basis that the plaintiff failed to prove that the store was negligent.

  • Plaintiff alleged personal injuries arising out of a dog attack in a public park. Court granted compulsory nonsuit for the defendant under prevailing Pennsylvania statutes and case law.

  • Intersectional collision between plaintiff's vehicle and defendant's tractor trailer. Jury trial in favor of defendant with no appeal.

  • Plaintiff fell down residential staircase and suffered brain damage injury. There was a controversy as to plaintiff's mental capacity at time of fall. Due to complexity of case, it was referred to ADR where defense verdict was awarded.

  • Raimo v. Waddy, 2004 U.S. Dist. LEXIS 20499 (E.D.Pa. Oct. 8, 2004).

  • Booth v. Black & Decker, Inc., 166 F. Supp. 2d 215 (E.D. Pa. 2001)

  • Christian v. United States, 1999 U.S. Dist. LEXIS 17381 (E.D. Pa. Nov. 8, 1999)

  • Fanning v. Black & Decker, Inc., 1999 U.S. Dist. LEXIS 3407 (E.D. Pa. March 18, 1999)

  • Duffy v. Nationwide Mut. Ins. Co., 1993 U.S. Dist. LEXIS 16197 (E.D. Pa. Nov. 10, 1993)

  • Kimmel v. Nationwide Mut. Ins. Co., 1992 U.S. Dist. LEXIS 329 (E.D. Pa. Jan 14, 1992)

  • Pilong v. Rome, 555 Pa. 559 (1999)
    • Year Joined Organization:
    1987
    Areas of Practice:
    Premises Liability
    Retail Liability
    Bar Admissions:
    Pennsylvania, 1986
    U.S. District Court Eastern District of Pennsylvania, 1987
    Education:
    Villanova University School of Law, Villanova, Pennsylvania, 1986
    J.D.


    University of Pennsylvania, 1981
    B.A.
    Major:  Economics
    Minor:  English


    Published Works:
    A Merchant's Guide to Enforcing Pennsylvania's Retail Theft Act, The Pennsylvania Retailer


    Pleadings Really Count in Premises Liability, Pennsylvania Law Weekly


    Appraising Loss Under Homeowners Insurance Policies, For the Defense


    The Superior Court of Pennsylvania Finally Rules on the Necessity of Disclosing Surveillance Videotapes Prior to Trial, Defense Digest


    No Blind Man's Bluff; Disabled Store Employee Open & Obvious, Defense Digest


    Trivial/DeMinimus Defects Clarified, Defense Digest


    Classes/Seminars Taught:
    Frequent Lecturer on: The Art of Negotiation, Pennsylvania Premises Liability Laws, and The Pennsylvania Retail Theft Act


    Chair and course planner, Mealey's LexisNexis's annual national Retail and Hospitality Law seminar


    Chair and course planner Pennsylvania Bar Institute's Premises Liability Seminars


    Honors and Awards:
    AV Peer Review Rating by LexisNexis Martindale-Hubbell


    Professional Associations and Memberships:
    Defense Research Institute


    Pennsylvania Association of Defense Counsel - Executive Committee Member


    Pennsylvania Bar Association


    Pennsylvania Defense Institute


    Philadelphia Bar Association

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