Defense Digest

Volume 10, No. 3, September 2004

Index of Articles

• On The Pulse: Tampa, Florida Office
  By Michael J. McGirne y, Esq.
  In the mid-1980s, the mayor of Tampa, Florida, Sandy Freedman, called Tampa "America's Next Great City."  To a town best known as a winter vacation destination ...
   
• On The Pulse... Health Care Group
  By Kathleen S. McGrath, Esq.
  Over the past 30 years, Marshall, Dennehey, Warner, Coleman & Goggin has been a leader in southeastern Pennsylvania in the defense of healthcare providers...     
   
• Chairman's Message
  By Robert J. Coleman, Esq.
  Our Florida initiative was part of our plan to become a major player in the Sunshine State. Thus, it is my extreme pleasure to announce the opening of our 19th regional office in Jacksonville, Florida...
   
• A Physician's Action, Judgment or Decision is Considered Part of the Standard of Care Analysis and Not An Error in Judgment
  By Jacqueline Reynolds, Esq.
  The Pennsylvania Superior Court has now limited the use of the "error in judgment" jury charge in medical malpractice cases. An error in judgment charge allows juries to excuse a physician's error in treatment... 
    
• A Further Look at Venue in Medical Malpractice Cases
  By Wendy Walker, Esq.
  As many are aware, Pennsylvania’s venue rules for medical professional liability actions changed with the amendment to Pa.R.C.P. 1006, in conjunction with the application of the MCare Act. While seemingly straightforward,2(d)... 
   
• Careful Scrutiny Of Discrepancies Between The Federal Family& Medical Leave Act And The New Jersey Family Leave Act Will Aid Employers In Avoiding Litigation
  By Kevin M. Regan, Esq.
  Initially, it should be noted that both the Federal Family & Medical Leave Act ("FMLA") and the New Jersey Family Leave Act ("FLA") provide for up to 12 weeks of leave from employment during a 12-month period... 
   

• Pennsylvania Superior Court Rejects Request To Void Stacked Coverage Rejection Forms
  By Walter F. Kawalec, III, Esq.
  In Pennsylvania, the law requires that purchasers of automobile insurance be given the opportunity to reject stacked coverage of their underinsured or uninsured ...

• Baiting The Mousetrap: Effective Recorded Statements And Examinations Under Oath
  By Doug Alba, Esq. & Jack S. Senechal, Esq.
  Last year, approximately ten percent of all insurance claims paid nationwide were fraudulent.  Though state and federal bureaus continue to post solid gains in...

• The Caption May Become The Most Important Part Of A Letter
  By John R. Warner, Esq.
  My time recently has been occupied in defending a suit against an insurance company for breach of contract and bad faith on fidelity coverage in a commercial crime ...

• Pennsylvania Appellate Courts Begin Interpreting Expert Qualifications Under The MCARE Act
  By Paul A. Bechtel, Jr., Esq. and Matthew C. Wilson, Esq.
  The Pennsylvania appellate courts have now begun to render opinions that interpret the expert qualification section of the MCare Act, 40 P.S. § 1303.512...

• Delaware's Ban On Court Reporter Contracts
  By Ana M. McCann, Esq.
  On October 15, 2001, the Delaware Supreme Court promulgated Administrative Directive No. 132 as a one-year interim rule.  The Directive sought to govern ...

• Third Circuit Opinion In Does Not Prevent Pre-Arbitration Third Party Discovery
  By Denis C. Dice, Esq.
  Claimants have begun to improperly rely on the Third Circuit opinion in Hay Group, Inc. v. E.B.S. Acquisition Corp., 360 F.3d 404 (Mar. 2004) for the proposition that National Association of Securities Dealers ("NASD") arbitrators do not have the authority

• Posture Can Be Everything (or how to Win Cases and Save Money)
  By Timothy C. Nies, Esq. & R. David Ravine, Esq.
  Florida's well reasoned opinion on crashworthiness, D'Amario v. Ford, 806 So.2d 424 (Fla. 2001), has affected not only "crashworthiness cases" throughout the state but...

• Pennsylvania Superior Court Affirms Economic Loss Doctrine
  By Timothy D. Rau, Esq.
  In a recent ruling by the Pennsylvania Superior Court, the court held that a plaintiff could not recover economic loss damages absent a claim for personal injuries or ...

• Plaintiff's Prior Juvenile Substance Abuse Treatment, Blood Test Results, And Prior Adult Dui Convictions Are Deemed Admissible At Trial By The Pa Superior Court
  By Peter D. Giglione, Esq.
  The Pennsylvania Superior Court recently declared that a trial court's admission in a Dram Shop Act case of records of the plaintiff's prior juvenile drug abuse...

• The (Rarely Heard) Other Voice In The Courtroom
  By Timothy Hartigan, Esq.
  The seldom applied doctrine of res ipsa loquitur is alive and well in Pennsylvania.  Under certain circumstances, the plaintiff is relieved from the burden of proving exactly...

• A Victory For Employers: The U.S. Supreme Court Decides That Employers Are Entitled To Invoke The Ellerth/Faragher Affirmative Defense In A “Constructive Discharge” Suit
  By Stephanie J. Shapson, Esq.*
  The United States Supreme Court recently ruled that employers sued for sexual harassment are entitled to assert the Ellerth/Faragher affirmative defense-that the employer had made available policies to prevent and remedy sexually harassing behavior...

• New Jersey Supreme Court Limits Accountants Liability to Third Parties
  By John L. Slimm, Esq.
  In E. Dickerson and Son, Inc. v. Ernst & Young, L.L.P., (May 6, 2004), the Supreme Court of New Jersey held that the Legislature intended to limit the liability of accountants to third-parties ...

• On The Pulse… Our Litigation Achievements … We are Proud of Our Attorneys for Their Recent Accomplishments …
   
• On The Pulse …..Other Notable Achievements