Defense Digest

Volume 10, No. 1, March 2004

Index of Articles

• On The Pulse... Roseland, New Jersey Office Profile
  By Joseph A. Manning, Esq.
  In an effort to provide cost-effective legal services to our clients, this office handles cases venued in the central counties of the state of New Jersey ...
   
• On The Pulse... Property Practice Group
  By Howard P. Dwoskin, Esq. & James H. Cole, Esq.
  There are few areas of the insurance industry which involve such direct and personal contact with insureds in their time of need than 1st party claims that arise out of homeowners and commercial property policies...     
   
• Chairman's Message
  By Robert J. Coleman, Esq.
  As we have often stated, we like to accommodate the changes taking place in our business and, thus, reinvent ourselves so that we can continue to maintain our position as the premiere defense firm in the region... 
   
• Even in a Judicial Hellhole, A Non-Party to an Insurance Contract is a Non-Party
  By Mark A. Fontanella, Esq.
  On November 11, 2003, The Philadelphia Daily News ran an article that stated, "Philadelphia is among a baker's dozen of 'judicial hellholes' across the country that attract lawsuits because it is seen as plaintiff-friendly and a place where defendants can't get a fair shake... ."    
   
• Moving the Goalposts?
  By Paul C. Johnson, Esq.
  This spring, the New Jersey Supreme Court seemed to nudge the goalposts slightly towards the approaching ball shot by the plaintiffs in lawsuits against public entities involving the New Jersey Tort Claims Act threshold. N.J.S.A. 59:9-2(d)... 
   
• The Pennsylvania Superior Court Affirms Application of the Contributory Negligence Doctrine in Two Professional Liability Cases
  By Jay S. Rothman, Esq. and Douglas E. Herman, Esq.
  For several years, members of the plaintiffs’ bar have attempted to convince defense counsel and county court judges that the Pennsylvania Comparative Negligence Act (“Act”) should be applied in the context of non-medical malpractice professional liability case...
   

• The Defense Of A Plaintiff's Prior Bankruptcy Proceeding As A Bar To Plaintiff's Subsequent Tort Action
  By Andrew P. Henry, Esq.
  The case of Feist v. Consolidated Freightways Corp illustrates how bankruptcy law can intersect with the litigation aspects of a seemingly unrelated claim and lead to the dismissal of a plaintiff's cause of action without ever reaching the merits of the claim...

• Ohio Supreme Court Unravels Unworkable Mystery Of Scott-Pontzer
  By J. Christopher Reece, Esq.
  On November 5, 2003, ... the Court addressed Ohio’s law regarding whether uninsured and underinsured motorist insurance issued to a corporation may compensate an individual for a loss that was unrelated to the insured corporation...
   
• Mental Health And Collateral Jurisdiction: Perfect Together
  By Jeffrey Bates, Esq.*
  In a recent case, the Pennsylvania Supreme Court has clarified two long-standing issues: the coordinate jurisdiction rule and the Mental Health Procedures Act ...
   
• Pennsylvania Supreme Court Clarifies Post-Trial Requirements
  By Patrick M. Carey, Esq.*
  Pennsylvania's Supreme Court clarified its prior holdings and recent decisions by the Superior Court regarding the issue of whether challenges to a verdict must be made prior to the discharge of the jury in order that to preserve the issue for review...
  
• Nanty-Glo Rule Applies to Preliminary Objections Raising Issues of Fact
  By Christian D. Marquis, Esq.
  The Pennsylvania Superior Court addressed the issue of whether preliminary objections raising issues of fact are subject to the rule set forth in Nanty-Glo Borough v. American Surety Co....
  

• Procedural "Punch" Taken Out Of The Affidavit Of Merit Statute
  By Hillary A. Fraenkel, Esq.
  The New Jersey Affidavit of Merit Statute and the defense of a professional liability case in light of two new cases decided by the Supreme Court of New Jersey in November of 2003, which take some of the "punch" out of the Statute's previous procedural sting ...

• Judge Reversed On Order Compelling Court Action To Arbitration
  By Samuel E. Cohen, Esq.
  The judge based solely on affidavits of the parties and their representatives, found that the arbitration provision was valid and enforceable...
• The Long Arm of the Law: The "Sliding Scale" of Personal Jurisdiction In an Internet Age
  By Jenifer Lener Suplee, Esq.
  The recent skyrocketing of technological advances in computers and the World Wide Web have created an interesting host of new issues for the courts...
   

• NASD Reminds Firms Of Their Discovery Obligations
  By Samuel E. Cohen, Esq.
  The NASD has endeavored to remind securities firms of their obligation to comply with the NASD discovery rules and procedures for the production of documents in arbitrations...

• On The Pulse ….Our Litigation Achievements… We are Proud of Our Attorneys for Their Recent Accomplishments

• On The Pulse …..Other Notable Achievements