Volume 18, No. 4, December 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Employment Law •
Authors: Jack L. Gruenstein, Stephanie K. Rawitt
Key Points:
Increased number of I-9 audits leave employers exposed to civil and criminal liability.
I-9 paperwork itself scrutinized and can lead to significant fines.
I-9 audits being used to advance criminal cases...., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Jason W. Bialker
Key Points:
In order for a plaintiff to sue an out-of-state medical provider in a Pennsylvania court, the out-of-state medical provider must fall under the personal jurisdiction of the Pennsylvania courts.
For an out-of-state health..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Allison Bressler Goldis
Key Points:
Statute of limitations for bad faith refusal to settle third-party suit begins to run when the jury renders an excess verdict against the insured.
Statute of limitations for common law bad faith claims in Pennsylvania is..., Defense Digest, Vol. 18, No. 4, December 2012
Casualty Department
Andrew Wargo and Beau Hollowell (Cleveland, OH) obtained dismissal summary judgment for our client, an Ohio business, in an asbestos case brought in one of the most plaintiff-friendly counties in Ohio. Andrew prepared a..., Defense Digest, Vol. 18, No. 4, December 2012
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA), working closely with Scott Eichhorn (Roseland, NJ), developed and briefed a motion for summary judgment on behalf of New York University School of Medicine and New York University Hospitals Center in a complex, high-..., Defense Digest, Vol. 18, No. 4, December 2012
On October 4, 2012, members of Marshall Dennehey's Health Care Department accepted its award from the Legal Intelligencer as the 2012 Pennsylvania Litigation Department of the Year for Medical Malpractice. The Legal Intelligencer, the Philadelphia..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Roseland, New Jersey •
Authors: Joseph A. Manning
Wow! It has been four years since I have been asked to write about the Roseland, New Jersey, office of Marshall Dennehey Warner Coleman & Goggin. The office continues to grow. It is now forty lawyers strong and contains many of the finest trial..., Defense Digest, Vol. 18, No. 4, December 2012
Practice Areas: Public Entity and Civil Rights Litigation •
Authors: Joseph J. Santarone Jr.
The Public Entity and Civil Rights Practice Group of Marshall Dennehey has been representing public entities for over thirty years. We pride ourselves on the number of cases we have tried and the difficult cases for which we have been able to obtain..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Roseland, New Jersey •
Practice Areas: Employment Law •
Authors: Ida M. Fuda
Key Points:
Cowher v. Carson & Roberts has significantly expanded the potential for claims under the LAD.
A plaintiff need only introduce facts that demonstrate that he or she was perceived to be a member of a protected class..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Cherry Hill, New Jersey •
Practice Areas: Property Litigation •
Authors: Carolyn Kelly Bogart, Jessica D. Wachstein
Key Points:
Residential homeowners in New Jersey are not liable for negligent maintenance of abutting sidewalks, unless they have created a dangerous condition.
Condominium associations may now claim the immunities previously..., Defense Digest, Vol. 18 No. 4, December 2012
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Securities and Investment Professional Liability •
Authors: Michael A. Nagy
Key Points:
Complex investment products have grown in importance as retail customers search for yield and broker-dealer firms look for innovative products to meet this demand and generate revenue.
Although there is no legal definition..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability •
Authors: Matthew C. Wilson
Key Points:
It is becoming increasingly difficult to transfer a case from Philadelphia to another county.
The Superior Court is now giving consideration to the type of witness claiming a burden.
The Superior Court has..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: King of Prussia, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: John R. Riddell
Key Points:
The rescue doctrine will not make an original tortfeasor liable for injuries attributable to a superseding cause.
The viability of the rescue doctrine must be determined on a case-by-case basis.
This article addresses..., Defense Digest, Vol. 18, No. 4, December 2012
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Joan Orsini Ford
Key Points:
The Pennsylvania Rules of Civil Procedure now specifically address a party's right to inspect, copy, test and sample electronically stored information.
Production of electronically stored information must be "..., Defense Digest, Vol. 18, No. 4, December 2012
Volume 18, No. 3, September 2012
Offices: Philadelphia, Pennsylvania •
The 50th Anniversary of Marshall Dennehey Warner Coleman & Goggin
WOW! It is hard to believe that the firm is celebrating its 50th anniversary. (I wish I could say the same about my age!)
Reflecting back, not only is this a great milestone for..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Christine M. Becer
Key Points:
Expert discovery is very limited under Pa.R.C.P. 4003.5(a)(1).
Discovery of correspondence between attorneys and expert witnesses requires a court order.
Mental impressions of counsel contained within correspondence to expert..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Wilmington, Delaware •
Practice Areas: General Liability •
Authors: Kevin J. Connors
Key Points:
The Supreme Court of Delaware confirms that willful and wanton common law premises liability standard applies to both trespassers and licensees.
Defense practitioners must hold non-business invitee plaintiffs to this exacting..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investment Professional Liability •
Authors: Joel Wertman
Key Points:
FINRA adopted a new suitability standard effective July 9, 2012.
The new rule includes expanded guidance with respect to reasonable basis, recommended transactions or investment strategies and the customer's investment profile..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Tampa, Florida •
Practice Areas: Architectural, Engineering and Construction Defect Litigation, Insurance Coverage/Bad Faith Litigation •
Authors: Haley R. Maple
Key Points:
The Middle District of Florida applied the injury-in-fact trigger of coverage theory to find that the occurrence of actual damage triggered coverage pursuant to a CGL policy.
The Middle District of Florida declined to adopt a..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Roseland, New Jersey •
Practice Areas: Automobile Liability •
Authors: George P. Helfrich Jr.
Key Points:
Conflicting decisions from the New Jersey Law Division regarding what, if any, medical expenses are recoverable in a tort action when a plaintiff opts for reduced medical expense coverage, has created a potential pitfall for defense..., Defense Digest, Vol. 18, No. 3, September 2012
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