Volume 12, No. 3, September 2006
Index of Articles
- On The Pulse... Erie, PA Office To Celebrate 10 Years
By G. Jay Habas, Esq.
Ten years ago this Fall, Marshall, Dennehey opened an office in Erie, Pennsylvania to service its clients in northwestern Pennsylvania. The Erie office started with a single lawyer and one staff member... - On The Pulse... Workers' Compensation Department Profile
By Peter S. Miller, Esq.
One of the more vexing challenges that confronts every employer in this country is the rising cost of workers' compensation insurance premiums. This problem is compounded by the increasing challenge... - Message From The Executive Committee
By Thomas A. Brophy, Esq.
In May of this year, I attended a meeting of the Insurance Round Table of the Defense Research Institute (DRI). This is a Subcommittee of the DRI that was created to address issues of mutual interest to the insurance industry and to the outside law firms that service that industry... - Delaware - Product Liability
Shrinking Daubert In Delaware - Who Needs Epidemiology?
By Armand J. Della Porta Jr., Esq.
Delaware has recently become a hotbed for asbestos filings. Prior to May 2005, two firms - one local and the other a Peter Angelos branch office - had filed the vast majority of asbestos person injury claims in the First State... - Federal - Municipal Liability
Top Court Limits The Scope Of A Public Employee First Amendment Retaliation Claim
By Patricia A. Monahan, Esq.
"When public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline." ... - New Jersey - Trucking & Transportation
Vicarious Liability For Negligent Hiring Of An Incompetent For-Hire Motor Carrier
By Thomas D. Foti, Esq.
Recently, the New Jersey Supreme Court considered the propriety of an order granting Summary Judgment in favor of a trash hauler where the complaint alleged that it had a duty to ensure the safety of trucks used by an independent contractor... - New Jersey - Workers' Compensation
Prove It! - The Appellate Division Restates The Petitioner's Burden Of Proof For New Jersey Workers' Compensation Temporary Disability Benefits
By Robert J. Fitzgerald, Esq.
Under the New Jersey Workers' Compensation Act, an injured worker is entitled to a wage replacement benefit during the time the worker is temporarily and totally disabled from the work injury. This benefit is commonly referred to in the insurance industry as... - New Jersey - Environmental & Toxic Tort
Third Circuit Expands Availability of Damages In Environmental Contamination Cases
By Lila Wynne, Esq.
The Third Circuit in Jaasma v. Shell Oil Co., 412 F.3d 501 (3d Cir. 2005), expanded the availability of damages in an environmental contamination case... - Pennsylvania - Municipal Liability
Superior Court Upholds Common Law Immunity
By Patricia A. Monahan, Esq.
In Heller v. Fulare, the defendants succeeded on an interlocutory appeal from the district court's denial of common law immunity. The appeal arose out of a pending federal lawsuit against a township supervisory and township. Five police officers claimed... - Pennsylvania - Product Liability
Spoliation Plaintiffs Hold Onto Your Products!
A Fresh Look At The Spoliation Of Evidence Standard By The Pennsylvania Superior Court Requires That Plaintiffs Take Affirmative Steps To Preserve Evidence In Product Defect Claims
By Thomas McKenzie, Esq.
The Pennsylvania Superior Court recently highlighted a subsection of the spoliation of evidence standard pertaining to product defect claims... - Pennsylvania - Civil Practice
No Prior Order, No Civil Contempt
By Thomas J. Marcoz, Jr., Esq.
The Pennsylvania Superior Court recently held in Stahl v. Redcay, 897 A.2d 478 (Pa. Super 2006), that to be punished for civil contempt, a party must not only have violated a court order, but that order must have been "definite, clear and specific - leaving no doubt in the mind of the contemnor of the prohibited conduct."... - On The Pulse... Our Litigation Achievements ... We Are Proud Of Our Attorneys For Their Recent Accomplishments
- On The Pulse... Other Notable Achievements
- Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- Pennsylvania - General Liability
Pennsylvania Common Pleas Court Takes The Bite Out Of A Plaintiff's Dog Law Claim
By Carol A. VanderWoude, Esq.
In dog bite cases, plaintiffs consistently argue that a dog owner is negligent per se for injuries resulting from a dog bite. The basis of a plaintiff's negligence per se claim generally rests with Miller v. Hurst... - Pennsylvania - Insurance Coverage
"Accidental" First Degree Murder and the $30 Million "Y"
By Mark A. Fontenella, Esq.
On April 28, 2000, in multiple locations over a span of 90 minutes, one man murdered five people, seriously wounded a sixth victim, set fire to the home of one of the victims and shot out the glass doors of two synagogues. He was charged with... - Ohio - Workers' Compensation
Doing Business In Ohio Some Good News For Pennsylvania Employers
By Samuel G. Casolari, Jr., Esq.
In Caldwell v. Petersburg Stone Company, et al. , the Seventh District Court of Appeals in Ohio affirmed summary judgment in favor of...
