Volume 14, No. 4, December 2008

On The Pulse ... Profile Of Our Tampa, Florida, Office
By Edward F. Gagain, III, Esq.
Hard-working, dedicated, and experienced. These are a few of the words that describe the attorneys working in Marshall, Dennehey, Warner, Coleman & Goggin's Tampa, Florida, office...
On The Pulse... Our Long-Term Care Litigation Practice Group
By Frank P. Leanza, Esq.
With the aging of our population we have seen an ever increasing need for long-term care facilities, nursing homes, and assisted living facilities to care for an expanding patient base...
Message from the Executive Committee
By Thomas A. Brophy, Esq., President & CEO
Too often I hear the term "litigator" and the term "trial attorney" used interchangeably. There are many, many litigators who have never tried a case to verdict. Even the term "trial" is subject to a variety of interpretations...
Delaware - Health Care Liability
The Delaware Rule For Prejudgment Interest Not Affected By Apportionment Of Fault
By Lorenza Wolhar, Esq.
On July 1, 2008, in Christiana Care Health Services, Inc. v. Crist, the Delaware Supreme Court issued a decision determining that where defendants shared a common liability for a jury verdict that was in excess of the plaintiffs' settlement demand...
Federal - Employment Law
Liability for Harassment Is Not Just For Bosses Anymore
By JoAnn Veltrup Diaz, Esq.
The typical sexual harassment scenario in the workplace which most people believe results in a lawsuit is the situation of a male boss harassing his female subordinate, with by creation of a hostile work environment full of innuendos, comments, epithets...
Federal - Aviation
Issuing Service Bulletins Does Not Restart GARA's Limitations Period
By James G. Lare, Esq.
Moyer v. Teledyne Continental Motors, Inc., 2008 WL 3854350, --A.2d--(Pa. Super. Ct. Aug. 20, 2008), arose from the death of two people in a light, general aviation aircraft and deals with a significant aspect in the defense of aviation tort cases...
Federal - Litigation
The Convolution Of Pennsylvania's Economic Loss Doctrine Post Bilt-Rite
By Eric A. Packel, Esq. and Theodore J. Kobus, III, Esq.
Simply put, the economic loss doctrine provides that where a plaintiff does not allege damages for personal injury or property damage, no cause of action exists for negligence...
Federal - Non-Compete Agreements
Will California Decision Impact Non-Compete Agreements Across the Country? That's California Dreaming but Employers Must Still Be Cautious to Protect Their Interests
By Joel Wertman, Esq.
Employers in highly specialized and customer-driven fields have traditionally, and rightfully, been concerned with the prospect of losing existing customers to former employees who quit or are fired. From the employer's perspective, the former employee owes an ongoing duty of loyalty for at least some period of time after termination...
Florida - Utility Liability
The Florida Supreme Court Addresses The Telecom Industries' Claims For Loss Of Use Damages
By Marjorie S. Hensel, Esq.
It is axiomatic that the Law lags behind technology. In some cases, utility companies were relying on traditional property law to recover damages to their lines and loss of use for the "down time." However, in this age of fiber-optic technology...
New Jersey - Coverage
Step-Down Provisions Not Completely Dead In New Jersey
By Walter Kawalec, III, Esq.
The recent Appellate Division case of Olkusz v. Brown, 401 N.J. Super. 496 (App. Div. 2008) has provided a last spark of life to insurance-contract step-down provisions, which were recently prohibited by statute in New Jersey...
New Jersey - Workers' Compensation
Supreme Court Renders Decision Regarding Application Of Dependency Rate In Workers' Compensation Matters
By Angela Y. DeMary, Esq.
Since discussing the issue of whether there should be a retroactive application of the 2004 modification of the New Jersey workers' compensation Statute 34:15-13 in the January 7, 2008, issue of the Law Journal, the Supreme Court has rendered a decision...
New Jersey - Municipal Liability
Tort Claims Act Subordinated To Statutory And Constitutional Claims
By Paul C. Johnson, Esq.
The New Jersey Tort Claims Act ("TCA"), N.J.S.A. 59:1-1, et. seq., establishes procedural and substantive requirements for pursuing tort claims against a New Jersey public entity. The Tort Claims Act begins with a sweeping declaration of purpose, proclaiming...
New Jersey - Product Liability
Unmasking Products Liability Claims Disguised As Consumer Fraud Claims
By Arthur F. Wheeler, Esq.
The New Jersey Products Liability Act ("PLA"), codified at N.J.S.A. 2A:58C-1, et seq., provides the exclusive remedy for all personal injury claims arising out of the use of a product. The PLA defines a product liability action as, "any claim or action brought by...
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
New Jersey - Fraud
Liar! Liar! - The Appellate Division Upholds the Imposition of Penalties Under the Fraud Provisions of the New Jersey Workers' Compensation Law
By Robert J. Fitzgerald, Esq. and Douglas M. Alba, Esq.
In an unreported decision, Sarbjit Singh v. Cream-O-Land Dairy, (Docket No. A-2468-06T5), the Appellate Division has upheld the imposition of civil penalties against a petitioner for committing fraud in a New Jersey workers' compensation case...
New Jersey - PIP Reimbursement
A PIP Insurance Carrier Has A Right to Reimbursement for Paid PIP Benefits That Supersedes The Insured's Right to Be Made Whole When The Tortfeasor's Insurance Does Not Fully Cover The Insured's Personal Injury Damages
By Nicholas Kierniesky, Esq.
On August 12, 2008, the New Jersey intermediate appeals court issued a decision in the case of Fernandez v. Nationwide Mutual Fire Insurance Company and Proformance Insurance Company. That case was a declaratory judgment action...
Pennsylvania - Property
Court Chews Tenant Up, Spits Landlord Out
By John M. McConnell, Esq.
The Court's holding in Underwood v. Wind, 2008 Pa. Super. 158, 2008 Pa. Super LEXIS 2011, was favorable to a landlord but severely punished a tenant for the actions of her two pit bulls...
Pennsylvania - Judgment Liens
Amendments To Recovery Of Department Of Public Welfare Liens
By John J. Hare, Esq.
Earlier this past November, the Pennsylvania Legislature significantly amended the rules relating to the reimbursement of Department of Public Welfare (DPW) liens for Medical Assistance (MA) payments from recoveries by or on behalf of MA recipients...
Pennsylvania - Amusements, Sports & Entertainment
No Duty To Protect Sports Participants From Inherent Risk Of Being Struck By Thrown Ball
By Stephen J. Poljak, Esq.
In Craig v. Amateur Softball Association of America, 2008 Pa. Super. 123 (Pa. Super. 2008), a panel of the Superior Court has upheld the longstanding rule that a defendant owes no duty of care to protect individuals from risks which are common, frequent...
Pennsylvania - Pleading/Litigation
Third Circuit Applies Twombly Notice Pleading Principles To Fourteenth Amendment Claims Brought Under 42 U.S.C. § 1983
By Alan E. Johnson, Esq.
In Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955 (2007), the United States Supreme Court redefined federal notice pleading. During the last many decades, federal courts had been guided...
Pennsylvania - Civil Rights
Ninth Circuit Holds Private School Tuition is Reimbursable Under IDEA Even Though Student Never Received Special Education from School District
By Christopher J. Conrad, Esq.
In Forest Grove School District v. T.A., 523 F.3d 1078 (9th Cir. 2008), the Ninth Circuit recently considered whether a student who had not previously received special education and related services from a school district nevertheless may recover reimbursement from the district for the costs of a private school education...