Defense Digest

Volume 11, No. 1, March 2005

Index of Articles

• On the Pulse...Profile Of Our Wilmington, Delaware Office
  By Kevin J. Connors, Esq.
  In the summer of 1985, Marshall, Dennehey opened its Delaware office to serve existing and new clients who sought the firm's litigation expertise in the First State...The Delaware office is now one of the largest law offices in Delaware...
   
• One the Pulse...Profile Of Civil Rights & Municipal Liability Practice Group
  By Joseph J. Santarone Jr., Esq.
  The Civil Rights and Municipal Liability Practice Group at Marshall, Dennehey, Warner, Coleman & Goggin has developed a great deal over the last 20 years and has been at the forefront in many major cases...
   
• Notes From The Executive Committee
  By Thomas A. Brophy, Esq., President & Chief Executive Officer
  On December 12, 2004, Marshall, Dennehey, Warner, Coleman & Goggin held its annual shareholder meeting.  It was the last shareholder meeting that Bob Coleman would chair in his capacity....
   
• To Get It Right, Get It In Writing
  By Rasheen N. Davis, Esq.
  The Pennsylvania Superior Court's recent decision in Caruso v. The Medical Professional Liability Catastrophe Loss Fund, et al, 2004 PA Super 344 (Pa. Super 2004), is a warning to all insurance carriers...
   
• Florida Legislature Considers Changes To Debt Collection Law
  By Dale T. Golden, Esq.
  The Florida Legislature is considering changes to the Florida Consumer Collection Practices Act (The "FCCPA").  These changes would appear to provide more protection...
   
• Declaratory Judgments Answer The Question, "Is It Covered?"
  By Susan S. Oosting, Esq.
  Florida insurance companies frequently file declaratory judgment actions to obtain a legal opinion of whether their policies provide coverage or require defense...
   
• Appellate Rules Thwart The Inexperienced
  By Audrey J. Copeland, Esq.
  Most attorneys are somewhat conversant with the rules of appellate procedure.  However, the appellate rules can become both bewildering and lethal when a case involves...
   
• A Hole In The Make-Whole Doctrine: The Ohio Supreme Court Approves An Insurance Contract That Avoids The Make-Whole Doctrine
  By Martin H. Sitler, Esq.
  Ohio insurance law haslong recognized and applied the principles of equitable subrogation, which include the make-whole doctrine.  Under the make-whole doctrine...
   
• How To Defend Posttraumatic Stress Disorder Claims
  By Lary I. Zuckr, Esq.
  Posttraumatic Stress Disorder ("PTSD") has become a common element of damages in personal injury litigation.  PTSD has an unsavory reputation among claims adjusters and defense counsel because....
   
• It's Not What You Said, It's How You Said It: The Third Circuit Addresses Municipal Exposure To First Amendment Retaliation Claims Brought By Citizens Outside The Employment Context
  By Scott G. Dunlop, Esq.
  Among the things one learns from 20 years of defending civil law suits is that the courts never seem to close the door of opportunity...
   
• Pennsylvania Superior Court Expands Scope Of Mechanic's Lien Law
  By David S. Makara, Esq. & Theodore J. Kobus III, Esq.
  In a decision rendered in September of 2004 in Wendt & Sons v. New Hedstrom, Corporation, 2004 Pa. Super. 355, 858, A.2d 631 (Pa. Super. 2004), the Pennsylvania Superior Court addressed the issue of what type of fixture constituted an "improvement"...
   
• Electronic Discovery: The Final Frontier
  By Howard Mankoff, Esq.
  This is the first in a series of articles about electronic discovery.  In this series, we will discuss the scope of the problem, the judicial response...
   
• Plaintiffs Ability To Audit Expert Witnesses: Discoverability Of An Expert's 1099 Income Tax Forms
  By Edward M. Galang, Esq.
  In the case of J.S. v. Whetzel, 860 A.2d 1112 (Pa. Super. 2004), the Pennsylvania Superior Court expanded the limits of expert discovery by allowing...
   
• Pennsylvania Superior Court Applies Two-Year Tort Limitations Period In Statutory Bad Faith Actions. Next Stop, Supreme Court?
  By Thomas A. Specht, Esq.
  A recent decision by the Pennsylvania Superior Court, Ash v. Continental Ins. Co., 2004 PA Super 424, 2004 Pa.Super. LEXIS 3942 (Pa.Super.), has, at least, temporarily resolved the long-standing issue of the applicable statute...
   
• Third Circuit Finds Kidney Failure Impairs A Major Life Activity Under The ADA
  By Cynthia L. Brennan, Esq.
  The Third U.S. Circuit Court of Appeals ruled in Fiscus v. Wal-Mart Stores, Inc. that a physical impairment that limits an individual's ability to...
   
• When The Insured Fires A Public Adjuster
  By James H. Cole, Esq.
  It is a fairly regular occurrence for claim representatives to be faced with an insured represented by a Public Adjuster who becomes dissatisfied with the service...
   
• "Tell It To The Judge, Counselor, Not The Media"
  By Douglas E. Herman, Esq.
  We have all heard the old expression, "It's not what you say; it's how you say it." Media-savvy lawyers in Pennsylvania must now observe...