Defense Digest

Volume 11, No. 4, December 2005

Index of Articles

• On The Pulse...Bethlehem, Pennsylvania Office Profile
  By David A. Williams, Esq.
  Since its founding over a decade ago, the Bethlehem office of Marshall, Dennehey, Warner, Coleman & Goggin has effectively represented our clients in all of the surrounding counties...
• On The Pulse...Marshall, Dennehey, Warner, Coleman & Goggin Amusements, Sports and Entertainment Practice Group
  By Lary I. Zucker, Esq. & G. Mark Thompson, Esq.
  Marshall, Dennehey's Amusements, Sports & Entertainment Practice Group is nationally recognized...
• Notes From The Executive Committee
  By Thomas A. Brophy, Esquire, President & Chief Executive Officer
  As Marshall, Dennehey, Warner, Coleman & Goggin has grown in size and geographic reach over the last 15 years, one of our primary concerns has been our desire to maintain the same level of lawyering and service...
• Motion For Summary Judgment Upheld Based Upon The Mental Health Procedures Act Immunity For Health Care Providers Absent Gross Negligence
  By Frederic Roller, Esq.
  In Walsh v. Borczon, M.D. and Saint Vincent Hospital, 2005 Pa. Super 256; 2005  Pa. Super LEXIS 2228, the Pennsylvania Superior Court determined...
• New Jersey Asbestos Defense Update: Recent Case Law & Jury Verdicts Landowners Beware! Landowner exposed to liability for the death of the wife of a laborer exposed to asbestos on its premises, despite the fact that the wife was not injured on the premises
  By Kristy E. Burns, Esq.
  Until recently, New Jersey courts had not addressed whether, under premises liability, landowners have a duty to a spouse of an asbestos worker...
• If You Build It, They Will Sue: Construction Defect Litigation In The Garden State And The Trend Of Alternative Dispute Resolution
  By Stephen L. Petrillo, Esq. & Sunny M. Sparano, Esq.
  There has been an unprecedented construction boom in New Jersey over the past ten years, as there has in much of the United States.  Much of this construction has been residential in areas which were once rural in character...
• Stolen Cars: If It Looks Like A Duck And Quacks Like A Duck, It's An "Ugly" Duck
  By Matthew J. Noble, Esq.
  On August 5, 2000, Ugly Duckling Car Sales, purchased a number of vehicles at Garden Spot Auto Auctions in Pennsylvania.  After the vehicles were purchased, there were moved to Garden Spot's "dealer parking area" to wait for pick up by Ugly Duckling...
• How Rule 1042.3 Stole Christmas
  By Anthony G. Ross, Esq.
  In Almes v. Burkett, 2005 Pa. Super. 289; 2005 Pa. Super. LEXIS 2844 (Pa. Super. 2005), the Pennsylvania Superior Court recently carved out an exception to the requirements of Pennsylvania Rule of Civil Procedure 1042.3...
• What You Don't Know Can Hurt Your Client And You
  By P. Douglas Sisk, Esq.
  Two recent opinions of the Superior Court of Pennsylvania highlight the importance of strict compliance with the Pennsylvania Rules of Appellate Procedure...
• Florida Appeals Court Paving New Way And Broadening Insurance Coverage For Faulty Workmanship By Contractors And Subcontractors
  By Jaime R. Girgenti, Esq.
  Until recently, Florida courts have taken the position that commercial general liability (CGL) insurance policies do not cover the cost of replacement of a builder's or general contractor's defective materials or workmanship...
• An Available Witness Or An Unavailable Witness? That Is The Question
  By Peggy M. Morcom, Esq.
  Rule 804(a) of the Pennsylvania Rules of Evidence outlines the exception to the hearsay rule as it applies to an unavailable declarant...
• Use It Or Lose It: Failure To Object At Trial Results In Waiver Of Appellate Argument
  By Matthew P. Keris, Esq.
  In a decision favoring form over substance, the Pennsylvania Supreme Court in Straub v. Cherne Industries, 880 A.2d 561 (Pa. 2005) (August 15, 2005), recently held that defense counsel's failure to specifically object...
• No New UM/UIM Forms With Policy Changes On Renewal
  By Douglas J. Kent, Esq.
  The battles in Pennsylvania regarding new UM/UIM forms or signatures on the forms continues with the insurance industry obtaining a recent victory...
• Limitation On Illegal Aliens' Entitlement To Recovery Of Lost Wages In Civil Lawsuits
  By Howard Z. Myerwitz, Esq.
  In Hoffman Plastic Compounds v. National Labor Relations Board, 535 U.S. 137 (2002), the Supreme Court of the United States made it clear that under the...
• The Terms - Vexatious, Obdurate, Bad Faith, And Insured - Bring You To The Latest Case Awarding Attorney Fees to - Get This - An Insurance Company
  By Robert W. Jozwik, Esq.
  While it does not happen frequently, a decision does come out every once in a while where the facts are so compelling that an insurer can make out a case for attorney fees...
• On The Pulse...Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Accomplishments...
• On The Pulse...Other Notable Achievements 
• Common Carrier Liability For Amusement Ride Operators - The Beginning Of The End For Reasonable Care?
  By Deirdre E. Collins, Esq.
  In June 2005, the California Supreme Court, in a 4-3 decision in the case of Gomez v. Superior Court, Respondent Walt Disney Company, held that common carrier liability would determine the duty of...
• Direct Physical Loss Does Not Equal Direct Physical Damage The Third Circuit Expands the Scope of Property Insurance Coverage
  By James H. Cole, Esq.
  Virtually all first party property policies cover an insured's dwelling for "direct physical loss," unless an exclusion applies...