Defense Digest

Volume 11, No. 2, June 2005

Index of Articles

• On the Pulse...Profile Of Our King of Prussia, Pennsylvania Office
  By Kathleen S. McGrath, Esq.
  On March 1, 2005, Marshall, Dennehey completed its consolidation of the former Newtown Square, Plymouth Meeting, and Norristown offices into one office in King of Prussia, Pennsylvania.  There were many reasons for this merger...
   
• On the Pulse...Securities and Investment Practice Group
  By Andrew W. Davitt, Esq.
  Our firm's Securities and Investment Practice Group serves a broad client base...
   
• Notes From The Executive Committee
  By Peter S. Miller, Esq., Chairman and Chief Operating Officer
  In the past two issues of this publication, you have learned about the changing of the guard...
   
• Florida Court Sheds Light On Keeping Medicare In The Dark
  By Christopher M. Jahnke, Esq.
  It is no secret that maximizing a client's recovery, or share of a recovery, is one goal that a plaintiff's attorney generally strives to accomplish.  Therefore, it should come as no surprise...
   
• Delay...Who Pays? Is the Pennsylvania Property and Casualty Insurance Guarantee Association Responsible For Delay Damages?
  By Donna M. Modestine, Esq.
  The Superior Court of Pennsylvania in the case of Alan and Jacqueline Feldman v. Pennsylvania Property and Casualty Insurance Guarantee Association was asked to review the lower court's decision...
   
• An Insurance Company's Involvement In A Routine Traffic Stop Is Anything But Routine
  By Anthony G. Ross, Esq.
  In Salvatore v. State Farm Mutual Automobile Insurance Company, the Pennsylvania Superior Court explored the duty an insurance company owes to subsequent owners of recovered stolen cars. ...
   
• The Doctor Can Make House Calls: Non-Competition Covenant Limited By Court
  By Ronda K. O'Donnell, Esq.
  In many businesses and industries, the existence of a restrictive covenant as part of an employment or engagement contract is commonplace.  Whether or not such a covenant will be enforced...
   
• A Bad Insured Does Not Make A Bad Insurer
  By Steven L. Chung, Esq.
  It is well established by the courts that an insured's intentional act precludes coverage under a policy of insurance.  Accordingly, when the court voids coverage...
   
• Who's The Boss?
  By Nestor H. Smith, Esq. and Jack S. Senechal, Esq.
  The cost of heath care in this country continues to rise at an alarming rate.  Insurance carriers, as the principal payors of health care services, have had to shoulder the brunt of these rising costs.  Sadly, some medical providers...
   
• Impact Of Upcoming Efforts To Reform Asbestos Litigation
  By Wendy L. Kirby, Esq.
  The first wave of asbestos personal injury litigation began in the 1970s.  It was confined to about 300 companies that processed asbestos or made heavy use of it.  Now the litigation has spread...
   
• Court Recognizes Misconduct When Jurors Seek Out Their Own Expert Opinion
  By Jonathon E. Cross,  Esq.
  In Pratt v. St. Christopher's Hospital, et al., 2005 Pa. LEXIS 101 (Supreme Court of Pennsylvania, January 19, 2005), the Pennsylvania Supreme Court was faced with the issue of whether it is jury misconduct when...
   
• What Clients And Trial Counsel Should Know About The Effective Use Of Appellate Counsel
  By Charles W. Craven, Esq.
  "Appellate Rules Thwart the Inexperienced," written by my esteemed partner Audrey Copeland, Esquire, which appeared in the March 2005 issue of Defense Digest, presents an excellent case illustration...
   
• Course Of Employment: Personal Comforts And Intervals Of Leisure
  Lauren W. Lewis, Esq.
  The Pennsylvania Workers' Compensation Act states, in pertinent part: Every employer shall be liable for compensation...
   
• Shifting Indemnity To Sub-Contractor For Negligence Of Owner Or General Contractor: Perry/Ruzzi Doctrine Is Alive And Well In Pennsylvania
  By Christopher E. Dougherty, Esq.
  For most construction projects, owners, architects, engineers, and general contractors generally try to shift liability risks to...
   
• Superior Court Refuses To Expand Psychologist's Duty To Warn
  By Michael D. Pipa, Esq.
  Popular lore holds that men often have trouble committing to a romantic relationship.  Recently, however, a divorced man alleged...
   
• Pennsylvania Discovery Rule: Alive And Kickin'
  By Maureen E. Kelly, Esq.
  The Pennsylvania Superior Court was recently faced with the issue of whether the discovery rule applies where a plaintiff discovers an injury within the original statute of limitations but...
   
• Tort Claims Notice Required For All Torts, Including Intentional Torts
  By Matthew J. Behr, Esq.
  In the June 2004 issue of this newsletter, I published an article concerning whether plaintiffs were required to file notices of claims against public entities within 90 days from the date of the claim accrued for intentional torts.  At that time, two cases...
   
• Adequate Safety Warnings May Preclude Strict Products Liability Under Pennsylvania Law
  By James L. Johnson, Esq.
  In Gigus v. Giles & Ransome, Inc., 2005 Pa. Super. LEXIS 19 (2005), the Superior Court of Pennsylvania upheld the trial court's granting of a compulsory non-suit at the conclusion of the plaintiff's case-in-chief based upon...
   
• Superior Court Quashes Appeals From Discovery Orders, Rejecting Claims Of Privilege Under Peer Review Protection Act
  By Michael J. Panichelli, Esq.
  In Harrison v. Hayes, 2005 PA Super 43 (Pa.Super. February 26, 2005), a medical malpractice case against Mercy Fitzgerald Hospital and two of the hospital's staff doctors, the Pennsylvania Superior Court quashed appeals...