Defense Digest

Volume 10, No. 2, June 2004

Index of Articles

• New Jersey Requires Joinder Of Legal Malpractice Counterclaims In Fee Suits
  By John L. Slimm, Esq.
  On February 2, 2004, New Jersey's Appellate Division held that in fee-collection cases by attorneys, a client's counterclaim for legal malpractice is mandatory...
  
  
• Whether An Employee's Conduct Is Deemed Within Or Outside The Scope Of Employment May Determine Whether A Notice Of Tort Claim Is Required To Be Filed
  By Matthew J. Behr, Esq.
  The New Jersey Tort Claims Act ("TCA") establishes a 90-day period from the time a claim accrues for a plaintiff to file a Notice of Claim.  N.J.S.A. 59:8-8.  The TCA notice provisions apply to both public entities and public employees.  However, under the TCA, a public entity is not liable for intentional acts...
  
  
• Superior Court Fails To Extend Pa.R.E. 803(6) To Test Results In A Medical Chart
  By Lynne F. Reutelhuber, Esq
  Recently, the Pennsylvania Superior Court handed down the opinion of Folger v. Dugan, 2004 Pa. Superior 6, in which the trial court's judgment was reversed and the case remanded for a new trial...
  
  
• The First Amendment's Rising Popularity In Municipal Employment Litigation
  By Patricia A. Monahan, Esq.
  When no other protection is available for a government employee, the First Amendment can become a vehicle for the employee to seek redress of termination or other alleged adverse employment conditions...
  
  
• Admissibility Of Scientific Evidence: Grady v. Frito Lay Keeps Frye And Clarifies General Acceptance Standard
  By Carol L. Vassallo, Esq.
  The admissibility of scientific evidence has been a challenge for many courts since the time the Pennsylvania Supreme Court first adopted the general admissibility test set forth in Frye v. United States, 293 F. 1013 (D.C. Cir. 1923)...
  
  
• The Pennsylvania Superior Court Attempts To Simplify The Perplexing Interplay Of Stacking Waivers And Household Vehicle Exclusion Clauses
  By Michele Mintz, Esq.
  In State Farm v. Craley, 2004 PA Super 27 (Pa.Super.Ct. 2004), a panel of the Pennsylvania Superior Court suggested a new interpretation of the statute addressing waivers of stacking of uninsured and underinsured benefits in an attempt to simplify the confusion surrounding stacking waivers and household vehicle exclusion clauses...
  
  
• Real Estate Contracts: Four Or Six-Year Statute Of Limitations?
  By John F. Ledwith, Esq.
  In Gustine Union Town Assocs. v. Anthony Crane Rental, et al., decided February 17, 2004, the Supreme Court of Pennsylvania addressed the issue of what statute of limitations is to be applied in contracts involving real estate and construction...
  
  
• Plaintiffs Lose Their Double Recovery In Wrongful Death And Survival Actions
  By Barbara J. Davis, Esq.
  Plaintiffs had a victory of a double recovery in a wrongful death and survival claims that was recently reversed by the New Jersey Supreme Court...
  
  
• Pennsylvania Rule Of Civil Procedure 1042 Requires Plaintiffs To File A "Certificate of Merit" Within 60 Days Of Filing Of The Complaint Involving Alleged Professional Liability
  By Denis C. Dice, Esq.
  Professionals faced with civil suits filed in the Commonwealth of Pennsylvania have been granted additional rights under Pennsylvania Rule of Civil Procedure 1042 against the filing of frivolous lawsuits...
  
  
• Broker-Dealer Found Not Liable For Its Brokers' Misappropriation Of Customer Funds Because Broker Acted Outside Of The Scope Of His Authority And Since The Customer Was 85 Percent Responsible For The Losses
  By Denis C. Dice, Esq.
  Upon discovering misappropriation, plaintiff sued Dean Witter under theories of breach of fiduciary duty, unauthorized transactions, negligence, and gross negligence...This case is most important for its finding that the broker's actions were outside the scope of his agency relation with Dean Witter...
  
  
• Architects Liability In New Jersey Limited Under Statue of Repose
  By John L. Slimm, Esq.
  The New Jersey Legislature made a policy decision in enacting N.J.S.A. 2A:14-1.1 that those involved in the design, planning, construction, or supervision of improvements to real property are entitled to the security afforded by a bright-line Statute of Repose...
  
  
• New Jersey Uninsured Drivers Are Out Of Luck
  By Michael Lombardi, Esq.
  On February 19, 2004, the New Jersey Supreme Court issued a unanimous decision, Caviglia v. Royal Tours of America, barring uninsured drivers from suing for noneconomic injuries of any kind pursuant to N.J.S.A. 39:7A-4.5(a)...
  
  
• On The Pulse ...Our Litigation Achievements... We are Proud of Our Attorneys for Their Recent Accomplishments
  
  
• On The Pulse...Other Notable Achievements
  
  
• Chairman's Message
  By Robert J. Coleman, Esq.
  As we have stressed on many occasions, not all law firms are created equal, especially when it comes to cost consciousness, efficiency and, indeed, good old fashioned lawyering...
  
  
• The Pennsylvania Superior Court Redefines Bad Faith Conduct Under 42 Pa.C.S.A. 8371 To Include Defense Conduct While Also Expanding The Ability Of Insureds To Obtain Punitive Damages In Pennsylvania Bad Faith Actions
  By Chester F. Darlington, Jr., Esq.
  In two separate court decisions, the Pennsylvania Superior Court has begun a trend in redefining Pennsylvania's "Bad Faith" statute, 42 Pa.C.S.A. 8371, by expanding it to include conduct by the insurer in defending itself during a bad faith litigation...
  
  
• Pennsylvania Superior Court Clarifies Application Of Depreciation In Homeowner's Policies
  By James Cole, Esq.
  Every property claims representative is familiar with letters of representation from public adjusters rolling off a fax machine routinely asserting that a demand is being made on a "replacement cost" basis, without depreciation...
  
  
• Marshall, Dennehey's Insurance Coverage and Extracontractual Liability Group
  By Eric A. Fitzgerald, Esq., CPCU, Are
  Marshall, Dennehey, Warner, Coleman & Goggin's Insurance Coverage and Extracontractual Liability group is one of the nation's largest litigation groups devoted exclusively to the representation of insurance companies and their employees in coverage and bad faith...
  
  
• Scranton, PA Office Profile 
  By Robin B. Snyder, Esq.
  In June, our office will expand for the fourth time since James Pocius opened its doors in 1992...
  
  
• Pennsylvania Supreme Court Rules For Vocational Interviews
  By Maureen Herron, Esq.
  The Supreme Court ruled that a recipient of workers' compensation benefits can be compelled to attend a vocational interview with a counselor who has not been pre-approved by the Department of Labor and Industry as a vocational expert...