Volume 12, No. 4, December 2006
Index of Articles
- On The Pulse... A Profile Of The Harrisburg, Pennsylvania Office
By Timothy J. McMahon, Esq.
Marshall, Dennehey has had an office in Harrisburg, Pennsylvania for over 20 years. The Harrisburg office has grown consistent with the growth of the firm and the expanding clients whom we serve... - On The Pulse... Technology, Media And Intellectual Property Law Practice Group
By Theodore J. Kobus III, Esq.
Technology issues present a challenge for many companies, particularly because of the daunting expense and risk associated with litigation of intellectual property matters... - Message From The Executive Committee
By Peter S. Miller, Esq., Chairman of the Board and COO
On Friday, October 6th, our firm celebrated Employee Appreciation Day. This is a tradition that has been practiced in our firm for as long as I have been a member of the firm... - Delaware - Dram Shop
No Dram Shop Liability In Delaware
By J. Scott Shannon, Esq.
In two related opinions granting the defendants' motion for summary judgment, the Delaware Superior Court dismissing wrongful death and survival actions brought against a social host, a tavern and its bartenders, who served alcohol to a driver involved in a fatal accident, finding... - Delaware - Workers' Compensation
Death, Be Not Proud: Benefits Continue
By Jessica L. Julian, Esq.
The Delaware Supreme Court recently addressed whether certain permanency and death benefits survive when the deceased employee's spouse dies... - Federal - Appellate
Sometimes The "Date of Issue" Is The Issue: Wise v. American General
By James W. Gicking, Esq.
On March 10, 2004, William Wise suffered a heart attack and died. The same day, the life insurance policy he had applied for a month earlier, while in apparent good health, arrived in the mail... - Holiday Message
By Thomas A. Brophy, Peter S. Miller and Philip B. Toran - Federal - General Practice
The Federal Rules Of Civil Procedure Catch Up With The Times And Assimilate Electronically Stored Information Into The Rules That Apply To And Govern The Discovery Of "Relevant Information"
By Robert W. Jozwik, Esq.
In April 2006, the United States Supreme Court accepted and approved certain proposed amendments to the Federal Rules of Civil Procedure which were crafted to address the not-so-new medium of electronically stored information... - Federal - Civil Rights
Squaring The Circle: The Third Circuit Mandates Pre-Answer Procedures For Qualified Immunity Challenges To Factually Vague Complaints
By Alan E. Johnson, Esq.
A long-standing dilemma of civil rights defense lawyers has been how to argue federal immunity in a motion to dismiss where the complaint is vague in its factual allegations but is nevertheless sufficient to meet federal court notice pleading standards... - Federal - Pre-Trial Discovery
Unveiling The Mysteries Of A Deposition By Written Interrogatories Under Cooper v. Schoffstall
By Charles W. Craven, Esq.
In Cooper v. Schoffstall, ___A.2d___(Pa. 2006) (2006 Pa. LEXIS 1717; filed 9/7/06), the Pennsylvania Supreme Court addressed "the availability, in a civil case, of discovery of financial records of a non-party expert medical witness to facilitate an inquiry into potential bias... - Florida - General Liability
Joint And Several Liability Has Been Abolished In Florida
By Laurie D. Beechner, Esq.
Effective April 26, 2006, the Florida Legislature abolished joint and several liability in personal injury actions. For cases accruing on or after that date... - New Jersey - Workers' Compensation
Last Call! - The New Jersey Supreme Court Waters Down The Intoxication Defense In Workers' Compensation
By Robert J. Fitzgerald, Esq.
Unlike civil actions for negligence, which are derived from the development of the common law for torts, the administration of workers' compensation benefits in New Jersey, like the vast majority of states, is established by... - New Jersey - Premises
No More Pigeonholes In Premises Liability Law
By Walter J. Klekotka, Esq.
Many of the common law doctrines governing our system of jurisprudence find their origin in English common law. The early common law classifications governing premises liability are no exception... - New Jersey - Professional Liability
New Jersey Recognizes Tort Of Aiding And Abetting Fraud Against Accountants
By John L. Slimm, Esq.
On August 18, 2006, New Jersey's Appellate Division held that aiding and abetting fraud is cognizable civil cause of action under New Jersey law... - New Jersey - Property
You Sold The Land, But Did You Keep The Liability?
By Arthur F. Wheeler, Esq.
This article addresses suits brought by individuals injured on a property against the prior owner of the property. New Jersey courts, overall, permit a seller to sell the land with potential liabilities... - New Jersey - Lemon Law
New Jersey Lemon Law: Pending Legislative Initiatives
By Nicholas Kierniesky, Esq.
In 1989 the State of New jersey joined many other states in enacting consumer protection legislation that is popularly known as the "Lemon Law." This law provides remedies to consumers beyond that which may be already available under existing laws... - 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 - Civil Practice
Push With All Your Weight, But Do Not Wait: The Defense Of Forum Non Conveniens
By Harriet Anderson, Esq.
On August 2, 2006, the Superior Court of Pennsylvania granted the plaintiffs'/appellants' appeal and reversed the order of the Court of Common Pleas of Philadelphia County which granted a forum non conveniens dismissal to the plaintiff parents in a product liability suit against... - Pennsylvania - Insurance Adjusting
When An Insured Fired A Public Adjuster: The Sequel
By James H. Cole, Esq.
In the March 2005 edition of this publication, I reported on the then recent Pennsylvania Superior Court opinion in Insurance Adjustment Bureau, Inc. v. Allstate Insurance Company... - Pennsylvania - Insurance Coverage & Bad Faith
Careful Drafting: The Difference Between Success And Failure In Contractual Indemnification Claims
By James W. Layne, Esq.
The Pennsylvania Superior Court recently addressed issues of interpretation and enforceability of indemnification clauses in Chester Upland School District v. Edward J. Meloney, Inc., et al... - Pennsylvania - Professional Liability
Pennsylvania Superior Court Limits Duty Of Insurance Brokers
By Christopher J. Conrad, Esq.
In the recent decision Wisniski v. Brown & Brown Ins. Co. of Pa., 2006 Pa. Super. 216, 2006 Pa. Super. LEXIS 2157 (Pa. Super. 2006), the Pennsylvania Superior Court considered whether an insured broker has a duty to inspect a business property for purposes of offering flood insurance... - Pennsylvania - General Practice
New Obligations When Pay Settlements, Verdicts Or Awards: Child Support Obligations And Senate Bill 1205
By Timothy J. McMahon, Esq.
Pennsylvanians, like other Americans, have in recent years been averaging a 50 percent divorce rate. Divorces often result in child support obligations. Under applicable law in Pennsylvania, the Department of Public Welfare is tasked with the responsibility of collecting past due child support payments...
