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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

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Volume 16, No. 2, June 2010

Offices: King of Prussia, Pennsylvania •
Practice Areas: Employment Law Authors: Christopher P. Boyle
Federal -- Employment Law, Key Points: With increased funding from the federal government, the Equal Employment Opportunity Commission promises more suits against private employers. A chain reaction works against the employer: poor..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Class Action Litigation, Medical Device and Pharmaceutical Liability Authors: Jeffrey P. Bates
Pennsylvania -- Class Action, Key Points: The "fraud on the market" theory has extremely limited application. Statistical evidence cannot replace traditional proofs in a class action claim involving misrepresentation. A..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Cleveland, Ohio •
Practice Areas: General Liability Authors: Samuel G. Casolari Jr.
Ohio -- Premises Liability (Dog Bites), Key Points: Plaintiff may pursue claims under both R.C. 955.28 and common law negligence for a dog bite cause of action. No language in R.C. 955.28 establishes the statute as the sole remedy..., Defense Digest, Vol. 16, No. 2, June 2010

Volume 16, No. 1, March 2010

Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Carol A. VanderWoude
Pennsylvania -- Product Liability, Key Points: To make out a prima facie case under the malfunction theory where a product has performed successfully in the years leading up to the alleged "malfunction," a plaintiff must adduce some evidence, direct or..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Patricia A. Monahan
Pennsylvania - Bad Faith, Key Points: Compensatory damages are available in lawsuit for bad faith arising out of insurer's defense of an insured in third party action. Federal courts have permitted plaintiffs to plead entitlement to..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability
Pennsylvania - Medical Malpractice, Key Points: Request for admissions, especially if addressing a key aspect of the case, should be drafted as specifically as possible. If a response to a request for admissions is untimely filed, the..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Christopher J. Conrad
Pensylvania - Insurance Coverage, Key Points: When the language of an insurance contract is clear and unambiguous, courts will give effect to that language. Forum selection clause in plaintiffs' auto insurance policy was clear and..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Roseland, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Alicia L. Calaf
New Jersey -- Indemnification & Contribution, Key Points: Supreme Court's ruling underscores importance that parties avoid piecemeal litigation. Keep an eye on potential third party claims for contribution and indemnification. Failure to assert them in..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability Authors: Jason W. Bialker
Pennsylvania - Medical Malpractice, Key Points: Joint Tortfeasor Releases should be interpreted by basic contract principles, i.e., the language of the release should be interpreted as being the true intent of the parties. The holding of..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
New Jersey - Workers' Compensation, Key Points: New Jersey workers' compensation law prevents double recoveries by petitioners who pursue third-party claims in conjunction with a work injury. New Jersey workers' compensation law may now..., Defense Digest, Vol. 16, No. 1, March 2010
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. Undoubtedly, everyone is familiar with the difficult..., Defense Digest, Vol. 16, No. 1, March 2010
Practice Areas: Product Liability Authors: Michael A. Packer
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..., Defense Digest, Vol. 16, No. 1, March 2010
Casualty Thomas Brophy (Philadelphia, PA) obtained a defense verdict in a case in which he represented a national entertainment corporation. The plaintiff was a seven-year-old girl who had sustained a two-inch facial laceration with scarring revised..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in obtaining an affirmance of a defense medical malpractice judgment in favor of a defendant emergency room physician from a unanimous three-judge panel of the Pennsylvania Superior Court (Judges Musmanno..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in obtaining an affirmance of a defense medical malpractice judgment in favor of a defendant emergency room physician from a unanimous three-judge panel of the Pennsylvania Superior Court (Judges Musmanno..., Defense Digest, Vol. 16, No. 1, March 2010
Matthew Keris (Scranton, PA) was a featured speaker on behalf of the MCARE Fund at its November 2009 conference on Minimizing Medical Professional Liability Risks Associated with Selection/Implementation of Electronic Health Record Systems. Matthew..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Erie, Pennsylvania •
Authors: G. Jay Habas
The City and County of Erie sit on the southeastern shore of Lake Erie and anchor the thirteen-county northwestern corner of Pennsylvania. The name "Erie" derives from the warring Native American Indian tribe known as the "Eries" or "Eriez" that..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Cleveland, Ohio •
Practice Areas: General Liability
Ohio - Damages, Key Points: Ohio Supreme Court upheld constitutionality of caps on non-economic compensatory damages against political subdivisions. In holding that caps on non-economic compensatory damages against..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Lary I. Zucker
New Jersey - Amusements, Sports & Entertainment, Key Points: A modern digital camera system can be very useful in disproving bogus liability claims in roller skating rinks or any facility where sports or recreation activities are conducted. Video cameras..., Defense Digest, Vol. 16, No. 1, March 2010

Volume 15, No. 4, December 2009

Offices: King of Prussia, Pennsylvania •
Practice Areas: General Liability
Pennsylvania - Premises Liability, Key Points: Duty owed to sport participants and spectators The current status of the Doctrines of Assumption and "No-Duty" Rule   The quote "Golf is a good walk spoiled" is often attributed..., Defense Digest, Vol. 15, No. 4, December 2009
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