Content Page

Defense Digest

Volume 13, No. 1, March 2007

Index of Articles

On The Pulse ... A Profile Of The Orlando, Florida Office
By G. Mark Thompson, Esq.
The Orlando office of Marshall, Dennehey has been in operation nearly six years. Situated in the heart of downtown...
On The Pulse...MDWC&G's Real Estate Liability Practice Group
By Christopher E. Dougherty, Esq.
As the Professional Liability Department's Vice-Chairman, I am very pleased to introduce you to our firm's Real Estate E&O Liability Practice Group...
Message From The Executive Committee
By Philip B. Toran, Esq., Chairman of the Executive Committee
Happy 2007! It is hard to believe that the holidays are behind and the first quarter of 2007 is drawing to a close. Having said that, I thought it appropriate to review some exciting events...
Delaware - Coverage
An Object Lesson In Defense Strategy And The Principles Of Caveat Emptor
The case of Donald M. Durkin Contracting, Inc. v. City of Newark, D. Del., Civ. A. No. 04-163-GMS, began in the summer of 2000 when the City of Newark, Delaware, retained URS Corporation to engineer the design of a reservoir...
Federal - Securities
529 Plans: Tax Free Withdrawals New Permanent, But Regulatory Concerns Remain
By Samuel E. Cohen, Esq.
Named after the section of the Federal Tax Code that governs them, 529 Plans are tax advantaged programs that help families save for college. In a 529 Plan, investors deposit after tax income into an account...
Federal - Amusements, Sports & Entertainment
Pre-Event Liability Waivers: What's Right For Your Amusement Business?
By Deirdre E. Collins, Esq.
In the March 2006 issue of Marshall, Dennehey, Warner, Coleman & Goggin's Defense Digest, I highlighted the New Jersey Appellate Division case of Hojnowski vs. Vans Skate Park. This case involved the enforcement of a pre-event exculpatory release...
New Jersey - Professional Liability
Exemption Of Insurance Brokers From Liability Under The New Jersey Consumer Fraud Act
By Nicholas Kierniesky, Esq.
The New Jersey intermediate appeals court has recently held that insurance brokers are exempt from liability under...
New Jersey - Trial Practice
Offers of Judgment Survive Multiple Trials
By Jennifer Lee, Esq.
New Jersey's Offer of Judgment Rule, R. 4:58, ("the Rule"), is designed to promote early settlement of civil disputes. The Rule operates by allowing a party...
New Jersey - Workers' Compensation/Coverage
"Substantial Certainty" Is Not An Intentional Wrong Within The Scope Of The Exclusions Contained In Workers' Compensation Policies
By Marc R. Jones, Esq.
Workers' compensation insurance in New Jersey, as in most states, is mandated by statute...
New Jersey - Workers' Compensation
Construction Company's Violation Of Minority Business Contract Does Not Remove Protection Of Exclusive Remedy Doctrine For Special Employer
By Robert J. Fitzgerald, Esq.
In a case being considered for publication, Janela v. Roman Asphalt Co., et al, Docket No. A-3852-04T3 (App. Div. October 11, 2006), the New Jersey Appellate Division has once again looked at the issues surrounding dual/special employment...
Ohio - Personal Injury
Victory For Defendants In Ohio
By Kimberly Wyss, Esq.
On December 20, 2006, the Ohio Supreme Court handed the defense bar and its clients a major victory in personal injury cases. In a unanimous decision, the Court held that evidence of the amount of medical bills...
Pennsylvania - Trial Practice
Does The Majority Always Rule?
By David F. White, Esq.
No, this is not a story of Red States, Blue States and the Electoral College. Nor is it a plea for a playoff system in college football. Rather, this is a story about recent Pennsylvania Supreme Court case that reviewed what constituted a majority on a civil jury...
Pennsylvania - Medical Malpractice
George V. Ellis: The Next Wave Of MCare Interpretation
By Eileen K. Keefe, Esq.
In George v. Ellis, 2006 Pa.Super. LEXIS 3766, the Pennsylvania Superior Court provided guidance on the interpretation of the MCARE Act...
Pennsylvania - Casualty
Exculpatory Disclaimers Still A Downhill Battle In Pennsylvania
By Leo A. Bohanski, Esq.
The Pennsylvania Superior Court concluded in the case of Chepkevich v. Hidden Valley Resort, L.P., 2006 PA Super 325 (Pa. Super. 2006), as a matter of law, that the exculpatory release disclaimer by the defendant ski resort was unenforceable despite...
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 - Workers' Compensation
"You're Fired!" The Proper Termination Of An Employee Who Is On Light Duty
By Lisa D. Eldridge, Esq.
Your humble author does not like to quote one of the most hackneyed reality television catch phrases of the last two years, but the phrase is an appropriate introduction to a fact pattern that frequently arises...
Pennsylvania - Trial Practice
Pennsylvania Supreme Court Rules Judgment N.O.V. "Speaks For Itself"
By Jennifer Martin Singh, Esq.
John Quinby, a quadriplegic, fell from an exam table while unattended following a minor surgery, which was performed by Charles Burmeister, M.D. at Plumsteadville Family Practice. Mr. Quinby's estate brought suit...
Pennsylvania - Professional Liability
Medical Malpractice Plaintiff's Motion For Relief From Judgment of Non Pros Lacks Merit
By Aaron E. Moore, Esq.
The epidemic of medical malpractice claims brought in Pennsylvania over the past twenty years has been well publicized. In an effort to discourage frivolous medical malpractice claims...
Pennsylvania - Coverage
Thinking Inside The Box - Pennsylvania Supreme Court Upholds The "Four Corners" Rule In Insurance Coverage Disputes
By Allison I. Bressler, Esq.
It is well-settled under Pennsylvania law that an insurer's duties to defend and indemnify under an insurance policy are triggered by the allegations included within the "four corners" of a complaint against the insured...