Volume 13, No. 4, December 2007
Index of Articles
- On The Pulse... A Profile Of The Philadelphia, Pennsylvania Office
By Peter S. Miller, Esq.
The City of Brotherly Love! Home of the cheese steak, the soft pretzel, and the professional sport franchises that break the hearts of its citizenry year in and year out... - On The Pulse... New Aviation Practice Group Takes Off At Marshall Dennehey
By J. Bruce McKissock, Esq.
There are two oft-cited quips that come to mind when discussing aviation matters... - Message From The Executive Committee
By Philip B. Toran, Esq.
How time flies! When I wrote this article at the beginning of the year, I set forth part of our Executive Committee's agenda for matter we hoped to accomplish in 2007. Reflecting back... - Delaware - Workers' Compensation
Updates To Delaware's Workers' Compensation Statute
By Keri L. Morris, Esq.
The Delaware Workers' Compensation Act was amended and unanimously passed by both Houses of the General Assembly and signed by the Governor... - Federal - Civil Rights
The First Amendment's Protection Applies To Certain Comments Directed Toward Police Officers
By Christian D. Marquis, Esq.
The United States District Court for the Western District of Pennsylvania, in the case of Brown v. City of Pittsburgh ... - Florida - Insurance Coverage
Hampshire Hears A 'Who'
By Thomas Crowder, Esq.
New Hampshire Indemnity Company heard a "who" loud and clear on September 28, 2007, when the Florida Second District Court of Appeals found that their exclusionary clause... - New Jersey - Trial Practice
"Please Excuse Juror #1" New Jury Selection Process In New Jersey
By Paul C. Johnson, Esq.
American jurisprudence adopted the French phrase "voir dire" to describe the process of questioning potential jurors in advance of a trial... - New Jersey - Trial Practice
Court's Scrutiny Of Biomechanical Expert Testimony
By Nadira K. Kirkland, Esq.
Having an expert who is qualified to write a report and testify is not enough to get past the net opinion argument... - New Jersey - Automobile
A Giant Step Back For The Step-Down Provision
By Jennifer A. Watson, Esq.
On September 10, 2007, New Jersey Governor Jon Corzine signed the amendment to Section 2 of P.L. 1968, c.385 (N.J.S.A. 17:28-1.1) which reflects the New Jersey Legislature's intent to... - New Jersey - Professional Liability
Defense Of Legal Malpractice Claims Asserted By Non-Clients
By Arthur F. Wheeler, Esq.
Recently, we have been retained to defend several suits in which parties have brought claims against their adversaries' counsel. These matters have arisen out of real estate... - Ohio - Product Liability
The 'Citadel of Privity' — A Fortress In Ohio For A Claim Of Breach Of Implied Warranty Under The Magnuson-Moss Warranty Act
By Martin H. Sitler, Esq.
A citadel is a stronghold, a bastion that commands a city. In the law, a citadel is a tenet that justly provides a potentially culpable party with immunity from legal liability... - Pennsylvania - Trial Procedure
Recent Changes To The Pennsylvania Discovery Rules
By Rachael Luken Carp, Esq.
On September 20, 2007, the Pennsylvania Supreme Court approved the creation of Pennsylvania Rule of Civil Procedure 4003.8, providing for an regulating pre-complaint discovery... - On The Pulse... Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Achievements
- On The Pulse... Other Notable Achievements
- On The Pulse... Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- Pennsylvania - Municipal Liability
Streets, Sidewalks And The Applicability Of The Sidewalk Exception To Streets 'Owned' By The Commonwealth In Second And Third Class Cities
By Mark Neff, Esq.
The Pennsylvania Supreme Court case of Walker v. Eleby, (842.A.2d 389, Pa. Supreme Court 2004) eliminated uncertainty for determining the application of the "sidewalk exception" to... - Pennsylvania - Health Care Liability
Plaintiff's Podiatry Expert De-'Feet'-ed
By Robert P. Good, Esq.
In Wexler v. Hecht, 928 A.2d 973 (Pa. 2007), the Pennsylvania Supreme Court recently upheld the judgment of the Philadelphia Court of Common Pleas that a podiatrist was not competent... - Pennsylvania - Retail Liability
Tuning Out The Siren Song Of Sales Displays
By Daniel D. Krebbs, Esq.
An issue that frequently develops in retail premises liability actions concerns whether the plaintiff can be excused for failing to observe an open and obvious condition while stopping... - Pennsylvania - Insurance Coverage
Pass On Vague Pass-Through Indemnification Clauses
By Joshua L. Kirsch, Esq.
In the case of Integrated Project Services v. HMS Interiors, Inc., 2007 Pa. Super. 246 (2007), Pennsylvania's Superior Court confronted the issue of whether "a pass-through indemnification... - Pennsylvania - Product Liability
Hey Arnoldy!! The Superior Court Says OSHA Preempts State Tort Law (Sometimes)!
By Bradley D. Remick, Esq.
On July 9, 2002, Mr. Mark Arnoldy was struck while standing behind a forklift being operated in reverse by a co-worker. Why Mr. Arnoldy was standing behind the forklift and why the... - Pennsylvania - Health Care Liability
Pennsylvania Superior Court Rejects Attempt To Expand The Tort Of Lack Of Informed Consent In Medical Liability Case
By Wendy J. Bracaglia, Esq.
The Pennsylvania Superior Court rejected an effort to expand the intentional tort of lack of informed consent... - Pennsylvania - Employment Law
Willful Misconduct: Denial Of Benefits Despite Lack Of Intent
By Peggy M. Morcom, Esq.
"Willful misconduct" under the Unemployment Compensation Law, 43 Pa. Stat. Ann. § 802(e), is defined as: (1) an act of wanton or willful disregard of the employer's interest...
