Volume 15, No. 2, June 2009
- On The Pulse...Bethlehem, Pennsylvania Office Profile
By William Z. Scott Jr., Esq.
Founded in 1741, Bethlehem, Pennsylvania, is a city of nearly 72,000 people in eastern Pennsylvania which is known for its rich colonial and industrial history... - On The Pulse...Special Investigative Unit Practice Group Profile
By James H. Cole, Esq.
The economic slowdown has effected the entire nation and has brought with it sharp increases in the unemployment rate, foreclosures, repossessions, and bankruptcies. The financial hardships many are experiencing have correlated to an increase in Special Investigative Unit ("SIU") referrals across many lines of insurance... - Message From The Executive Committee
By Philip B. Toran, Esq., Chairman of the Executive Committee & Butler Buchanan, III, Esq., Chairman of the Diversity Committee
In preparing to deliver my message, I thought it important to advise readers of this publication about the firm's commitment to our Diversity Program...However, as I began drafting this article, it occurred to me that who better to author such a message than the Chairman of our Diversity Committee, Butler Buchanan, III, Esquire... - Federal - Fair Debt
A Tale Of Two Lawsuits - Campuzano and Womack
By Andrew M. Schwartz, Esq.
Two cases in the same courthouse addressing the same legal issues and facts. One case resulting in the granting our motion to dismiss, the other denying our motion for summary judgment the very next day and the successful appeal that followed... - Federal - Snow & Ice Removal
The "Storm-In-Progress" Doctrine Should Allow A Business A Reasonable Time After The Cessation Of The Storm To Start Snow/Ice Removal
By Nicholas Kierniesky, Esq.
In many of the United States, snowfall generally occurs during the winter months. Despite warnings from public safety officials, people travel in snow storms to transact business they deem necessary or desirable. They may slip, fall, and injure themselves... - Florida - Escrow Recovery
Developer Scores Big Victory In Federal Court In Miami Concerning Condo Deposit Recovery Cases
By Jonathan E. Kanov, Esq.
Across the country, and especially in South Florida, prices continue to plunge in the residential real estate market. The boom years resulted in a glut of condominiums being built, often high-end, luxury buildings. Buyers raced to plunk down escrow funds on these... - New Jersey - Affidavit Of Merit
Putting The Teeth Back In The Affidavit Of Merit Statute
By Raymond J. Michaud, Esq.
In 2003 the New Jersey Supreme Court decided Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 144 (N.J. 2003), which has resulted in the withering of the chances of success on an affidavit of merit motion in situations where the plaintiff has failed to serve an affidavit of merit within the statutory period... - New Jersey - Workers' Compensation
Strict Statutory Interpretation - New Jersey Supreme Court Affirms Determination Of Improper Cancellation Of Workers' Compensation Insurance Coverage
By Robert J. Fitzgerald, Esq.
In a split decision in Sroczynski v. Milek, et al, 197 N.J. 36, 961 A.2d 704 (2008), the New Jersey Supreme Court has ruled that the cancellation of a workers' compensation insurance policy is ineffective when all of the technical requirements of Section 81 are not met... - On The Pulse...Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Victories...
- On The Pulse...Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- On The Pulse...Other Notable Achievements
- Pennsylvania - Bad Faith
A Cautionary Tale To Risk Managers: A Reminder About Jurinko
By David J. Krolikowski, Esq.
In Jurinko v. Medical Protective et al., 2008 U.S. App. LEXIS 26263, Nos. 06-3519 & 06-3666 (Dec. 24, 2008) on appeal to the Third Circuit, there was an issue regarding whether an insurer acted in bad faith by having two separate insureds represented by the same attorney... - Pennsylvania - Construction Litigation
Case Update: Secretary Of Labor v. Summit Contractors, Inc.: A Revival Of The Controlling Employer OSHA Citation Policy On Multi-Employer Worksites
By Elizabeth A. Underwood, Esq.
This is an update to "The Summit Decision: Limiting General Contractor's Liability Under OSHA for Safety Violations of its Subcontractors at Multi-Employer Construction Sites," published in Volume 15, No. 1 of Defense Digest. Since publication, the Eighth Circuit has reviewed and overturned the decision... - Pennsylvania - Health Care
Play It Safe: When Making Objections Under Section 512 Of MCARE, Be Specific!
By Jonathan Bradbard, Esq.
Section 512 of the Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE) was recently at issue before the Supreme Court of Pennsylvania... - Pennsylvania - Negligence
Consenting Adults: Setting Limits On Responsibility
By William H. Resch, Jr., Esq.
A recent decision by the Pennsylvania Superior Court in Wittren v. Burkholder, 2009 Pa. Super. 23; 2009 Pa. Super. LEXIS 39 (Pa. Super., February 6, 2009) considered the breadth of responsibility for the actions of another... - Pennsylvania - Suit Limitation Clauses
Take It To The Limit: Suits Limitation Clauses And Their Defenses
By Eric R. Brown, Esq.
In the recent Pennsylvania Superior Court decision in Prime Medica Assocs. v. Valley Forge Ins. Co., 2009 Pa. Super. 39, A.2d (Mar. 5, 2009), Pennsylvania's intermediate appellate court overturned a damage award in favor of an insured in excess... - Pennsylvania - UM/UIM
UM/UIM Coverage In Pennsylvania: Establishing "Occupancy" Of Vehicle As Basis For Qualifying As An Insured
By Brigid Q. Alford, Esq.
UM/UIM endorsements subject to Pennsylvania's Motor Vehicle Financial Responsibility Law often define the "insured" to include not only the named insured, but also any other person "occupying" the covered motor vehicle... - Pennsylvania - Workers' Compensation
Shifting Burdens In The Aftermath Of A Disability Pension; No Window Shopping And Surfing For Jobs By Claimant
By J. Jeffrey Watson, Esq.
In Mason v. Workers' Compensation Appeal Board (Joy Mining Machinery), 944 A.2d 827, (Pa. Commw. Ct. 2008), the Pennsylvania Commonwealth Court revisted the shifting burdens to suspend or modify benefits when a claimant retires or takes a disability pension...
