Defense Digest

Volume 10, No. 4, December 2004

Index of Articles

• A Special Message From the Chairman
  By Robert J. Coleman, Esq.
  My message has appeared in our publication from its inception....please indulge me since this is my last occasion to address you, as I am stepping down as Chairman and Chief Executive Officer as well as a Shareholder at the end of this year...  
   
• On the Pulse…Profile of our Medical Device & Pharmaceutical Litigation Practice Groups
  By Stephen A. Ryan, Esq.
  Our firm’s products liability litigators have been defending claims involving medical devices and pharmaceuticals for over 39 years...
   
• On The Pulse…Jacksonville, Florida Office Profile
  By Michael J. Obringer, Esq.
  On July 1, 2004, Marshall Dennehey opened its 4^th Florida office in Jacksonville, Florida. Jacksonville is the largest city in north Florida... The firm's Jacksonville office handles legal matters in both state and federal courts throughout the entire northern portion of the state, from Pensacola in the panhandle to Daytona and the central east coast of Florida...
   
• To Stack or Not to Stack? This is No Longer the Question in Delaware for Personal Injury Plaintiffs
  By Ronald W. Hartnett, Jr., Esq.
  For many years, the Delaware Supreme Court has been struggling with the parameters of Section 3902 of Title 18 of the Delaware Code, which governs uninsured and underinsured motor vehicle coverage...
   
• No You May Not Cut In: Insisting on Strict Compliance of the Restrictions on Assigning Benefits
  By Nestor H. Smith, Esq. and Jack S. Senechal, Esq.
  As a general policy incident to the first party claims payment process, an insurance carrier must review and investigate claims of insureds to verify the claim and ensure that the treatment was medically necessary and reasonable...
   
• Suit Within a Suit: Methodology Not Always Required to Prove Legal Malpractice in New Jersey
  By Kara Pullman, Esq.
  On April 12, 2004, the Supreme Court of New Jersey held in Garcia v. Kozlov, Seaton, Romanini & Brooks, P.C., 179 N.J. 343 (2002), that it is not always necessary for plaintiffs in a legal malpractice case to follow the "suit within a suit"...
      
• New Jersey Environmental Insurance Law: The Battle Over Coverage Between Insurers and Policyholders Arising from "Owned Property Exclusion" Clauses in CGL Policies
  By Patricia M. McDonagh, Esq.
  Ever since the explosion of environmental contamination bodily injury and property damage claims in the 1970s, insurers and their policyholders have been battling over what, if any, insurance coverage exists for such claims...
    
• When An Expert Cannot Be An Expert
  By Samuel G. Casolari Jr., Esq.
  A recent decision of the Trumbull County Court of Appeals in Ohio will assist defense practitioners in slip and fall cases throughout the state. In Estate of Mealy v. Sudheendra ...
   
• Shoppers Beware: The Pennsylvania Superior Court Strictly Interprets Pa.R.C.P. 1006 (a.1)
  By Christina M. Bidlingmaier, Esq.
  On June 12, 2004, the Superior Court of Pennsylvania decided the case Searles v. Estrada, 2004 Pa. Super. 265 (2004)...
     
• Superior Court Strictly Construes Certificate of Merit Requirements in Professional Liability Claims
  By Paul G. Lees, Esq.
  As part of the effort to curtail frivolous and/or unfounded litigation, the January 2003 amendments to the Pennsylvania Rules of Civil Procedure require that, in order to pursue a professional liability claim, counsel for the plaintiff ...
   
• De Facto Appeals Eliminate Federal Jurisdiction
  By Walter F. Kawalec, III, Esq.
  In the recent matter of Marran v. Marran, 376 F.3d 143 (3d Cir. 2004), the Third Circuit Court of Appeals discussed the jurisdiction of the federal courts when a case is brought in the federal arena while parallel or related ...
     
• With Friends Like These, Who Needs Enemies?
  By Laurianne Falcone, Esq.
  The Pennsylvania Supreme Court recently affirmed the Superior Court's reversal of a Cumberland County declaratory judgment, which held that Minnesota Fire and Casualty had a duty to defend and indemnify a homeowner ...
   
• Superior Court Defines Acceptable Discovery on Insurance Carriers
  By William C. Foster, Esq.
  The recent decision of the Pennsylvania Superior Court in PECO Energy Company, et. al. v. Insurance Company of North America, et. al ...
    
• Close Judicial Scrutiny of Qualified Immunity and Municipal Liability in an Excessive Use-Of-Force Death Case
  By Paul D. Krepps, Esq.
  Carswell v. Borough of Homestead, 2004 US App. Lexis 17732 (3d. Cir. 2004) represents all that is difficult and dangerous when police officers are thrust into the middle of a violent domestic situation...
    
• Warranty Defense Reaffirmed
  By Daniel J. Hart, Esq.
  A class of residential customers who purchased wood windows brought a single count action for breach of express warranty against the manufacturer of the wood preservative used in the windows...
     
• Attorney's Fees Means Attorney's Fees...Plus!
  By David F. Wilk, Esq.
  In the case of Vitac Corporation v. W.C.A.B. (Rozanc); Appeal of : Sheila Rozanc, 854 A.2d. 481 (2004), the Pennsylvania Supreme Court was asked to decide whether a Workers' Compensation Judge, in an appropriate case...
   
• On The Pulse ….OUR LITIGATION ACHIEVEMENTS... We Are Proud Of Our Attorneys For Their Recent Accomplishments... 
   
• On The Pulse … Other Notable Achievements