Defense Digest

Vol. 9, No. 3, September 2003

Index of Articles

• On The Pulse … Profile of the Akron, OH Office
  Marshall, Dennehey, Warner, Coleman & Goggin recently announced the opening of its newest office in Akron, Ohio. This office is located in the historic Quaker Square...
   
• On The Pulse … Profile of the Post-Trial and Appellate Advocacy Practice Group
  By Charles W. Craven, Esq. and John J. Hare, Esq.
  The existence of the Post-Trial and Appellate Advocacy Practice Group at our firm reflects a simple fact: post-trial and appellate litigation are far different ...
   
• Chairman's Message
  By Robert J. Coleman, Esq.
  In prior issues I have talked about our firm's culture and the fact that, despite our growth, we have been able to maintain our reputation with clients and employees...
   
• Superior Court Holds that New Trial is Warranted Whenever a Jury Seeks Its Own Expert Opinion
  By Christopher A. Reeser, Esq.
  At just about every civil trial, the jury is required to weigh conflicting expert testimony regarding an important issue in the case.  The party who has an expert witness...
   
• An IME Doctor's Admission of Some Injury Ensures Plaintiff's Recovery
  Joseph F. Murphy, Esq.
  The Superior Court of Pennsylvania has again held that a "no causation" verdict is against the weight of the evidence where the defendant's medical expert admits...
   
• New Jersey Workers' Compensation "Exclusive Remedy Option" - Setting the Immunity Standard
  By Lawrence Berg, Esq. and Deirdre Heine
  The onslaught against the exclusivity provision of the New Jersey Workers' Compensation Act continued with the New Jersey Supreme Court decisions...
   
• When Opportunity Knocks . . . Opening the Door to Previously Excluded Evidence
  By David A. Williams, Esq.
  A recent case by the Pennsylvania Superior Court has provided some guidance on three issues which often occur during the course of a trial. The first is the extent...
   
• The Jury Can Only Follow the Instructions It's Given: An Analysis of Vallone v. Creech By Laurianne Falcone, Esq.
  In a recent opinion, the Pennsylvania Superior Court affirmed the trial judge's decision to grant the plaintiff's post-trial motions seeking a new trial in a medical malpractice...
   
• No Shoes, No Shirt, No Good Faith - No Service
  By Allison Bressler, Esq.
  Pennsylvania jurisprudence requires a plaintiff to make a good faith effort to effect service of process. During April,l 2003, two Pennsylvania appellate decisions handed...
   
• Clarified Prima Facie Standard for Proving Compensatory Damages in New Jersey Employment Discrimination Cases
  By Sharri H. Horowitz, Esq.
  Recently, the Appellate Division of the Superior Court of New Jersey clarified the requirement for proving a prima facie case of emotional distress in the context...
   
• A "Hold Harmless" Agreement in New Jersey Workers' Compensation Claims May Result in Unanticipated Liability
  By Shaun A. McGinn, Esq.
  An agreement to hold a petitioner harmless for medical expenses may arise in a New Jersey workers' compensation claim when medical bills remain outstanding or have...
   
• Proof of Late Notice is Key in Direct Action Statute Defense
  By Patrick Bailey, Esq.
  Recently, the United States Court of Appeals for the Third Circuit decided in Brooks v. American Centennial Insurance Company... that where an insurance carrier has...
   
• Using Causation as a Defense to Negligence
  By G. Jay Habas, Esq.
  Claims based upon principles of negligence require a plaintiff to establish that the defendant was negligent, but also that the negligence was a substantial factor in...
   
• Employer Liability Under the Family and Medical Leave Act
  By Paul Johnson, Esq.
  Congress enacted the Family and Medical Leave Act ("FMLA"), 29 U.S.C. §2601, et. seq. in 1993 for the broad remedial purpose "to balance the demands on the workplace...
   
• Look Both Ways Before Crossing the Street:  The Effect of Automobile Limited Tort Liability Insurance on You as a Pedestrian
  By Matthew J. Noble, Esq.
  Never before now has the thought of their child crossing the street sent a greater shudder up the backs of parents than after the recent Pennsylvania Superior Court...
   
• On The Pulse … Our Litigation Achievements... We Are Proud Of Our Attorneys For Their Recent Accomplishments...
   
• Municipal Liability for the Statement of One, Depends on the Authority Given By the Many
  By John J. Hare, Esq.
  In LaVerdure v. County of Montgomery...Third Circuit Court of Appeals considered the liability of a County for the comments of a single member of its Board...
   
• On The Pulse … Other Notable Achievements
   
• New Jersey Limits Application of the Doctrine of Avoidable Consequences in Medical Malpractice Actions
  By John L. Slimm, Esq.
  The Doctrine of Avoidable Consequences provides that in instances in which a physician has committed an actionable wrong, the damages flowing from that wrong will be...