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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 16, No. 4, December 2010

New Jersey - Long-Term Care, Key Points: Federal Arbitration Act, which declares arbitration provision in contracts "valid, irrevocable, and enforceable," preempts the public policy of this state as expressed by the Legislature in N.J.S.A. 30: 13-..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Privacy and Data Security
Federal – Technology & Intellectual Property, Key Points: 11.1 million adults were victims of identity theft in 2009, suffering a combined $54 billion in total fraud, leading to potential claims against the entities that exposed the individuals to identity theft..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Professional Liability Authors: Arthur F. Wheeler
New Jersey - Attorney Ethics,  Key Points: Under New Jersey Rule of Professional Conduct 1.9(a) a lawyer who has represented a client in a matter shall not thereafter represent another client in the same or substantially related matter in which..., Defense Digest, Vol. 16, No. 4, December 2010
It is hard to believe that we are preparing for the winter holiday season. It seems just a short time ago we were experiencing an almost unprecedented hot summer, and here we are preparing for winter. As such, I thought it appropriate to relay what..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Camp Hill, Pennsylvania •
Marshall, Dennehey has had an office in Harrisburg for over 20 years. The Harrisburg office has grown consistently with the growth of the firm and the expanding number of clients we serve. The office moved six years ago from a downtown location to a..., Defense Digest, Vol. 16, No. 4, December 2010
Casualty Department Samuel Casolari (Akron, OH) obtained a summary judgment on behalf of our roller skating rink client. The plaintiff claimed he was skating in the carpeted locker area when his skate became caught on a portion of the floor where..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Moosic, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Roseland, New Jersey •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Kate McGrath (King of Prussia, PA), Director of the firm's Healthcare Liability Department, has been named "Trial Lawyer of the Year " by the Board of the Trial Lawyers Section of the Montgomery County Bar Association. Matthew Keris (Scranton, PA)..., Defense Digest, Vol. 16, No. 4, December 2010
Authors: Eric A. Fitzgerald CPCU, CLU
Marshall, Dennehey, Warner, Coleman & Goggin's Life, Health and Disability Practice Group is dedicated to the representation of insurers and employers in disputes arising out of employer-sponsored and individually issued life, health and..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
New Jersey - Workers' Compensation, Key Points: The workers' compensation bar protects employers from bodily injury damages for workplace injuries. Employers lose the benefit of the workers' compensation bar for "intentional..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability Authors: T. Kevin FitzPatrick
Pennsylvania – Health Care Liability,  Key Points: Psychiatric records are privileged, but prevention from discovery is not absolute. Pennsylvania recognizes numerous statutes and policy considerations restricting disclosure of mental..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Public Entity and Civil Rights Litigation, Appellate Advocacy and Post-Trial Practice Authors: Walter F. Kawalec III
Federal - Civil Rights, Key Points: In accommodation matters in religious discrimination cases under Title VII, the court is reluctant to credit an offer of accommodation by the employer where it would require the court to make a theological..., Defense Digest, Vol. 16, No. 4, December 2010
Florida – Construction Litigation , Key Points: Although a long standing theory in personal injury accidents in Florida, the Substantial Factor Theory has only recently been attempted in construction defect claims. There are few..., Defense Digest, Vol. 16, No. 4, December 2010

Volume 16, No. 3, September 2010

Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Kristy Olivo Salvitti
New Jersey -- Workers' Compensation, Key Points: Before paying temporary total disability benefits, ask the question: "Was the petitioner employed as of the first date that he became disabled?" The purpose of temporary disability benefits is..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability Authors: Angeline C. Panepresso
Pennsylvania – Settlement & Releases, Key Points: The release of an insurance agent will effectively release the insurer, as principal, of vicarious liability. Conversely, the release of vicarious liability claims against an insurer will not..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Anthony Natale III
Pennsylvania - Workers' Compensation, Key Points: Commonwealth Court decides that a "good faith" follow through on jobs listed in a labor market survey is not detrimental to a modification petition. A job listed in a labor market survey is..., Defense Digest, Vol. 16, No. 3, September 2010

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