Volume 16, No. 1, March 2010
- On The Pulse...Profile Of Erie, PA Office
The City and County of Erie sit on the southeastern shore of Lake Erie and anchor the thirteen-county northwestern corner of Pennsylvania... - On The Pulse...Defective Drywall Litigation Practice Group Profile
By Michael A. Packer, Esq.
Once it became clear that claims related to defective drywall manufactured in China were going to be filed at a near epidemic level, the leadership of Marshall, Dennehey, Warner, Coleman & Goggin recognized its clients would be drastically affected and would need representation... - Message From The Executive Committee
By Philip B. Toran, Chairman of the Executive Committee
As I sit at my desk this first work day of a new decade, there truly is only one topic which comes to mind for this article: that is to thank the readers of this Digest, our loyal clients... - Federal - Securities
FINRA Rule Update: Motions To Dismiss Ineligible Claims
By Denis C. Dice, Esq.
The Financial Industry Regulatory Authority ("FINRA") recently revised its rules to significantly limit the ability of a party to file a Motion to Dismiss the Statement of Claim at FINRA arbitration... - New Jersey - Amusements
Two Recent Defense "Wins" Prove The Benefits Of Video Surveillance In Amusement Facilities
By Lary I. Zucker, Esq.
The use of video surveillance cameras in roller skating rinks, bowling centers, water parks and other amusement facilities can be very useful in defending and defeating liability lawsuits brought by injured patrons... - New Jersey - Indemnification & Contribution
Indemnification And Contribution: Avoiding The Expense Of An Affidavit Of Merit In Third Party Actions
By Alicia L. Calaf, Esq.
A recent New Jersey Supreme Court case has firmly established that third party claims for indemnification and contribution do not require the third party plaintiff to serve as Affidavit of Merit... - New Jersey - Workers' Compensation
Life Is About Choices - So Too Is New Jersey Workers' Compensation Law When Addressing An Employer's Section 40 Lien Against A Pennsylvania Motor Vehicle Insurance Policy
By Robert J. Fitzgerald, Esq.
Can a New Jersey employer place a lien on a Pennsylvania resident's personal motor vehicle uninsured motorist recovery for New Jersey workers' compensation benefits... - On The Pulse...Important & Interesting 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
- Ohio - Damages
Plaintiffs Strike Out On Damage Caps
By John M. Heffernan, Esq.
No doubt Don Krieger, Clifton Oliver, and Andrew Mendez sang 'Take Me Out To The Ballgame,' the traditional fare for the Seventh Inning Stretch in ballparks across America, at Cleveland's Jacobs Field on June 11, 2002... - Pennsylvania - Auto
Forum The Bell Tolls: Plaintiffs Lose Challenge To Validity Of Forum Selection Clause In Their Auto Insurance Policy
By Christopher J. Conrad, Esq.
In O'Hara v. First Liberty Ins. Corp., 2009 Pa. Super. 214 (2009), the Pennsylvania Superior Court considered a claim brought by "forum shopping" plaintiffs to recover underinsured motorist ("UIM") benefits against the First Liberty Insurance Corporation ("Liberty"), their automobile insurance carrier... - Pennsylvania - Bad Faith
Are Damages For Emotional Distress Recoverable In A Pennsylvania Bad Faith Lawsuit Even Though The Bad Faith Statute Does Not Provide For Such Damages?
By Patricia A. Monahan, Esq.
The Pennsylvania Supreme Court has permitted recovery of compensatory damages in a bad faith lawsuit arising out of a carrier's defense of an insured in a third party claim against the insured... - Pennsylvania - Medical Malpractice
Form Versus Substance: An Analysis Of The Pennsylvania Supreme Court's Decision in Stimmler v. Chestnut Hill Hospital
By Samantha L. Kane, Esq.
On September 30, 2009, the Pennsylvania Supreme Court rendered a decision Stimmler, a medical malpractice case that provides clarification on the Court's view on requests for admissions and the level of expert opinion needed to surpass the summary judgment phase... - Pennsylvania - Medical Malpractice
It Is Now Possible For Medical Malpractice Plaintiff To Release A Vicariously Liable Principal And Reserve The Right To Pursue Plaintiff's Case Against The Agent
By Jason W. Bialker, Esq.
In Maloney v. Valley Medical Facilities, the plaintiff initiated a professional malpractice cause of action alleged medical negligence for the failure to timely diagnose and treat his wife's osteosarcoma... - Pennsylvania - Product Liability
Addressing Malfunction Theory For First Time In 20 Years: Pennsylvania Supreme Court Clarifies Burden Of Proof In Product Liability Case Base Upon Malfunction Theory
By Carol VanderWoude, Esq.
The Pennsylvania Supreme Court adopted the malfunction theory of product liability in Rogers v. Johnson & Johnson Products, Inc., 565 A.2d 751 (Pa. 1989). Addressing the malfunction theory for the first time since Rogers ...
