Volume 13, No. 2, June 2007
Index of Articles
- On The Pulse... Akron, Ohio, Office Profile
By Samuel G. Casolari, Jr., Esq.
Since its founding days, Marshall, Dennehey, Warner, Coleman & Goggin has committed itself to providing excellent legal services to clients and customers... - On The Pulse... Retail Liability Litigation Practice Group
By Howard P. Dwoskin, Esq. & Jacqueline H. Canter, Esq.
The Marshall, Dennehey, Warner, Coleman & Goggin Retail Liability Practice Group is devoted to handling all litigation-related issues which plague our many retail clients. We have dedicated our practice group exclusively to this relatively narrow... - Message From The Executive Committee
By Thomas A. Brophy, Esq., President & CEO
As you, our clients, know, Marshall, Dennehey, Warner, Coleman & Goggin has grown significantly over the last ten years and again over the... - Delaware - Coverage
UM Benefits Not Available In "Road Rage" Assault: Limitations On Coverage Apparently Do Exist
By Douglas T. Walsh, Esq.
The Delaware Supreme Court recently addressed the issue of whether a victim of a "road rage" assault is eligible for uninsured motorist benefits pursuant to a UM policy... - New Jersey - Premises Liability
The Firefighter's Rule Is Nothing But Ashes
By Bruce A. Seidman, Esq.
The firefighters' rule is a common law doctrine that bars a first responder from suing a property owner for injuries sustained while responding to an emergency that bring him/her to the property... - New Jersey - Automobile Insurance/Verbal Threshold
A Comparative Analysis Is Not Required Under AICRA Unless Aggravation Of Pre-Existing Injuries Is Pled As A Cause Of Action
By Kevin M. McGoldrick, Esq.
On January 30, 2007, the New Jersey Supreme Court released its decision in Davidson v. Slater, 189 N.J. 166, thereby resolving a split in the Appellate Division regarding the continued validity of the comparative analysis requirement... - Pennsylvania - Release & Indemnity
Relinquishment Of Right To Sue Enforceable
By Gordon B. Simmons, Esq.
In Nissley v. Candytown Motorcycle Club, Inc. and Richard Bellaman, 913 A.2d 887 (Pa. Super. 2006), the Pennsylvania Superior Court affirmed an order of the Court of Common Pleas of Lancaster County which granted summary judgment... - Pennsylvania - Workers' Compensation
Much Ado About "I Do": Viability Of Common Law Marriage In Pennsylvania And Its Effect On Workers' Compensation
By Mark S. Royster, Esq.
The Commonwealth Court recently examined, yet again, the viability of common law marriages, an issue which has caused a flurry of judicial and legislative activity in recent years... - On The Pulse...Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Achievements...
- On The Pulse...Other Notable Achievements...
- Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories...
- Pennsylvania - Discovery
Impeachment Of The Professional Witness "Eagle Looses Endangered Species Protection"
By Craig A. Stone, Esq.
The recent Pennsylvania Supreme Court decision in Cooper v. Schoffstall 588 Pa. 505, 905 A.2d 482, illustrates the parameters of how to gather the tools by which a "well traveled" expert might be examined... - Pennsylvania - Trucking & Transportation
Plaintiff's Counsel's Closing Argument Analogy To A 'Drunk' Driving A Truck, Not Prejudicial To 'Funk'
By David P. Czap, Esq.
The Pennsylvania Superior Court recently affirmed a trial court's decision to deny post trial motions filed by both the plaintiff and the defendants, which were filed as a result of a jury awarding the plaintiff compensatory damages and punitive... - Pennsylvania - Municipal Liability
One Call Or Last Call? Commonwealth Court Stops Property Owner's Celebration Early In Municipal Liability Case
By Christopher P. Boyle Sr., Esq.
The Pennsylvania Commonwealth Court recently addressed the duty of municipalities under Pennsylvania's "One Call" Law in Le'Nature's Inc. v. Latrobe Municipal Authority and City of Latrobe, 2006 Pa. Commw. LEXIS 688 (December 28, 2006)... - Pennsylvania - Trial Practice
The "Deciders" On Pre-Emptive Strikes
By Michele Frisbie, Esq.
The Pennsylvania Supreme Court in Zappala v. Brandolini Property Management, Inc., 909 A.2d 1272 (Pa. 2006) ended any questions about when a challenge to venue is appropriate. The Court reiterated the rule that failure to raise...
