Volume 14, No. 3, September 2008
Index of Articles
- On the Pulse... Practicing Law A Serious Business in Home of Dunder Mifflin
By Robin B. Snyder, Esq.
Scranton, Pennsylvania, used to be one of the best places in Pennsylvania to sue somebody. That changed in 1992 when... - On The Pulse... Delaware Benzene Litigation Running Out Of Gas?
By Kevin J. Connors, Esq.
In 2005, the Superior Court of Delaware received a number of new case filings in the toxic tort area brought on behalf of individuals or estates seeking damages arising out of alleged exposure... - Message From Executive Committee
By Philip B. Toran, Esq., Chairman, Executive Committee
The recent Presidential bid by Hillary Clinton has certainly brought to light advancements of woman to the forefront... - Florida - Environmental/Toxic Torts
Florida's Asbestos And Silica Compensation Fairness Act Is Unconstitutional In A Retroactive Application Which Would Prejudice Or Defeat An Accrued Cause Of Action
By Ronald O. Armbrust, Esq.
We have cobbled these cases together for decision because all present the same dispositive issues, which we state thus... - New Jersey - Litigation
Cooperation Clause: Can An Insured Insist On An Observer's Presence At The Insured's Examination Under Oath Or Medical Examination?
By Michael A. Gorokhovich, Esq.
An issue frequently encountered by claims adjusters in the course of investigating insurance claims is whether an insured may insist on an observer's presence at the insured's examination... - New Jersey - Fraud
Something Wicked This Way Comes
By Jeffrey G. Rapattoni, Esq.
Given the state of the mortgage crisis, coupled with a slowed economy, fraudulent claim reporting is on the rise... - New Jersey - Settlement
Caveat Emptor: Beware Of High-Low Agreement Terms Where An Offer Of Judgment Is Concerned
By Bruce Seidman, Esq.
In a case of first impression, on February 20, 2008, the New Jersey Appellate Division addressed the interplay between the Offer of Judgment rule... - New Jersey - Workers' Compensation
By Reservation Only... Appellate Court Confirms Carrier's Right To Reserve Defense Of Lack Of Coverage
By Jammie N. Jackson, Esq.
On May 30, 2008, the New Jersey Appellate Division vacated an order from a Workers' Compensation Judge estopping a carrier from denying insurance coverage... - Ohio - Damages
A Momentary Lapse Of Reason In Ohio
By James Hanratty, Esq.
Since the landmark decision by the Ohio Supreme Court in Robinson v. Bates, 2006) 112 Ohio St. 3d 17, changed how juries determine the reasonable amount of claimed medical bills... - Ohio - Tort Reform
Ohio Supreme Court Limits Damages
By Samuel G. Casolari Jr., Esq.
In Arbino v. Johnson & Johnson, 116 Ohio St. 3d 468, 2007-Ohio-6948, the Supreme Court upheld the constitutionality of Ohio's most recent tort reform legislation... - Pennsylvania - Lemon Law
No Limitation On Statute Of Limitations For Pennsylvania Lemon Law & Breach Of Warranty Cases
By Dave Czap, Esq.
The Pennsylvania Automobile Lemon Law essentially states that... - Pennsylvania - Coverage/Reservation of Rights
Pennsylvania Superior Court Denies Right To Reimbursement Of Defense Costs Paid Under A Reservation Of Rights
By William J. McPartland, Esq.
Earlier this year the Pennsylvania Superior Court issued their opinion... - On The Pulse... Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Victories
- On The Pulse... Other Notable Achievements
- On The Pulse... Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- Pennsylvania - Litigation/Settlement
No Harm... No Foul
By Shelly J. Smith, Esq.
A recent Pennsylvania Supreme Court decision in Cruz v. Princeton Insurance Co... - Pennsylvania - Liquor Liability
The Bar Is Set: A Liquor Licensee's Duty To Third Persons In A Civil Suit
By Donald L. Carmelite, Jr., Esq.
With increasing regularity, third party plaintiffs file suits against liquor licensees and attempt to attach duties to the licensees beyond what the law prescribes... - Pennsylvania - Professional Liability
Certificate Of Merit Applies To Incarcerated Prisoners
By Jacqueline Reynolds, Esq.
On June 2, 2008, Rule 1042.3 of the Pennsylvania Rules of Civil Procedure received yet another clarification... - Pennsylvania - Health Care Liability
Medical Expert's Magic Words Not So Magical
By Paul A. Lefebvre, Esq.
The Pennsylvania Superior Court has previously held that an expert witness in a medical malpractice case does not need to use the "magic words" that their opinions are given... - Pennsylvania - Civil Rights
Third Circuit Rules That Abortion Is Covered Under Pregnancy Discrimination Act
By Paul G. Lees, Esq.
In a case of first impression before the Third Circuit Court of Appeals, the court has ruled that a woman who claims she was fired for having had an abortion stated a cause of action under the Pregnancy Discrimination Act... - Pennsylvania - Litigation/Surveillance
The Pros and Perils of Surveillance in the Pennsylvania Personal Injury Case
By David Wolf, Esq.
Surveillance as an investigative tool can be a dramatic means to weaken or destroy a plaintiff's claim and, sometimes to expose outright fraud...
