Howard P. Dwoskin

Significant Representative Matters

• Ferdinand v. Save-A-Lot/SuperValu, 2008 U.S. Dist. LEXIS 30683 (E.D. Pa. April. 14, 2008). Plaintiff sued Save-A-Lot alleging wrongful detainment for shoplifting. Although the facts bore out that the plaintiff had properly paid for her purchases, the court, nevertheless, granted summary judgment for the defense pursuant to the Pennsylvania Retail Theft Act.

• Doylestown Electric Supply Company v. Maryland Cas. Ins. Co., 1996 U.S. Dist. LEXIS, 20599 (E.D. Pa. Dec. 31, 1996). Plaintiff sustained water damage in home due to heavy rains filling drainage system. Court found for defendant stating that, because the damage was caused by both water that backed up from a sewage drain and surface water, the surface water exclusion in the policy allowed insurer to properly deny coverage.

• Plaintiff claimed to have tripped and fallen over a bare end cap in a major retail department store. Jury found for the defendant on the basis that the plaintiff failed to prove that the store was negligent.

• Plaintiff alleged personal injuries arising out of a dog attack in a public park. Court granted compulsory nonsuit for the defendant under prevailing Pennsylvania statutes and case law.

• Intersectional collision between plaintiff's vehicle and defendant's tractor trailer. Jury trial in favor of defendant with no appeal.

• Plaintiff fell down residential staircase and suffered brain damage injury. There was a controversy as to plaintiff's mental capacity at time of fall. Due to complexity of case, it was referred to ADR where defense verdict was awarded.

• Raimo v. Waddy, 2004 U.S. Dist. LEXIS 20499 (E.D.Pa. Oct. 8, 2004).

• Booth v. Black & Decker, Inc., 166 F. Supp. 2d 215 (E.D. Pa. 2001)

• Christian v. United States, 1999 U.S. Dist. LEXIS 17381 (E.D. Pa. Nov. 8, 1999)

• Fanning v. Black & Decker, Inc., 1999 U.S. Dist. LEXIS 3407 (E.D. Pa. March 18, 1999)

• Duffy v. Nationwide Mut. Ins. Co., 1993 U.S. Dist. LEXIS 16197 (E.D. Pa. Nov. 10, 1993)

• Kimmel v. Nationwide Mut. Ins. Co., 1992 U.S. Dist. LEXIS 329 (E.D. Pa. Jan 14, 1992)

• Pilong v. Rome, 555 Pa. 559 (1999)

Published Works

• "A Merchant's Guide to Enforcing Pennsylvania's Retail Theft Act," The Pennsylvania Retailer

• "Pleadings Really Count in Premises Liability," Pennsylvania Law Weekly

• "Appraising Loss Under Homeowners Insurance Policies," For the Defense

• "The Superior Court of Pennsylvania Finally Rules on the Necessity of Disclosing Surveillance Videotapes Prior to Trial," Defense Digest

• "No Blind Man's Bluff; Disabled Store Employee Open & Obvious," Defense Digest

• "Trivial/DeMinimus Defects Clarified," Defense Digest

Classes/Seminars Taught

• Frequent Lecturer on: The Art of Negotiation, Pennsylvania Premises Liability Laws, and The Pennsylvania Retail Theft Act

• Chair and course planner, Mealey's LexisNexis's annual national Retail and Hospitality Law seminar

• Chair and course planner Pennsylvania Bar Institute's Premises Liability Seminars

Education

• Villanova University School of Law, Villanova, Pennsylvania, 1986 J.D.

• University of Pennsylvania, 1981 B.A.

  Major: Economics
  Minor: English