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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 16, No. 3, September 2010

Offices: Roseland, New Jersey •
Practice Areas: Hospitality and Liquor Liability
New Jersey – Dram Shop, Key Points: N.J.S.A. 39:6A-4.5(b) is an automotive insurance reform statute barring individuals guilty of driving while intoxicated from bringing suit for losses sustained as a result of their underlying alcohol-..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Employment Law, Public Entity and Civil Rights Litigation Authors: Danielle M. Vugrinovich
Federal - Employment Law, Key Points: Implication of electronic media on private as well as governmental employers. Employers must have electronic media policies in place. A search on employer's devices for electronic..., Defense Digest, Vol. 16, No. 3, September 2010

Volume 16, No. 2, June 2010

Offices: Philadelphia, Pennsylvania •
Practice Areas: General Liability
Pennsylvania - Premises Liability, Key Points: The owner's removal of an access drawbridge in a steel mill created a dangerous condition, but the buyer of the mill should have known about the danger. The buyer of a steel mill who kept the..., Defense Digest, Vol. 16, No. 2, June 2010
Key Points: → The affidavit of merit statute requires that in any medical malpractice action the plaintiff must provide each defendant with an expert's affidavit within 60 days after the filing of the defendant's answer. → If..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Angela Y. DeMary
New Jersey -- Workers' Compensation, Key Points: Do not assume that you are the "target" solely because you are the last carrier or employer. Investigation is key. Recent Memo of Division Director and Chief Judge Calderone dated..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: New York, New York •
Practice Areas: General Liability Authors: Steven M. Christman
New York - General Practice, Key Points: CPLR §3101(d)(1), which governs expert disclosure in New York, fails to impose strict deadlines, requiring each handling attorney to be cognizant of any specific deadlines mandated by the court and/or the..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Tampa, Florida •
Practice Areas: General Liability Authors: Michael G. Archibald
Florida - Settlements, Key Points: What can be done to avoid paying plaintiff's attorney's fees based on a Proposal for Settlement in a case where one of your insureds is only vicariously strictly liable? Determine if there is a real issue as to whether consent/..., Defense Digest, Vol. 16, No. 2, June 2010
Authors: Thomas A. Brophy
The term "Value Added Services" is often used by clients who are asking what we are willing to do for them aside from defending them in a specific litigation. Marshall Dennehey Warner Coleman & Goggin has been providing "Value Added Services"...
Offices: Camp Hill, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Shannon Fellin
Pennsylvania -- Workers' Compensation, Key Points: Notice of Ability to Return to Work form (LIBC-757) need not identify a specific date that the form was issued, as long as it was sent prior to the requested date of modification or suspension...., Defense Digest, Vol. 16, No. 2, June 2010
Casualty Department Diane Magram (Cherry Hill, NJ) obtained a defense verdict in a three-day auto negligence trial before the Honorable Carol E. Higbee in Atlantic County, New Jersey. The plaintiff claimed permanent injuries in the form of two..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Audrey Copeland (King of Prussia, PA) procured the Pennsylvania Superior Court's affirmance of the dismissal by judgment on the pleadings of an action based upon the statute of limitations. The Superior Court reasoned that the trial court properly..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Audrey Copeland (King of Prussia, PA) procured the Pennsylvania Superior Court's affirmance of the dismissal by judgment on the pleadings of an action based upon the statute of limitations. The Superior Court reasoned that the trial court properly..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Allentown, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Audrey Copeland (King of Prussia, PA) procured the Pennsylvania Superior Court's affirmance of the dismissal by judgment on the pleadings of an action based upon the statute of limitations. The Superior Court reasoned that the trial court properly..., Defense Digest, Vol. 16, No. 2, June 2010
Jeffrey Rapattoni (Cherry Hill, NJ) gave an Insurance Fraud presentation at the 2010 Insurance Fraud Conference sponsored by the IIA and the ACFE. Douglas Kent (Philadelphia, PA) participated in a panel discussion of the recent Philadelphia Façade..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability , Privacy and Data Security, Long-Term Care Liability, Birth and Catastrophic Injury Litigation
Marshall, Dennehey, Warner, Coleman & Goggin has been providing defense representation in the area of healthcare liability for over 40 years. Presently, the members of our Healthcare Liability Department are handling over 2,000 medical..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: New York, New York •
Authors: Daniel G. McDermott
Office windows overlooking the South Street Seaport and the Brooklyn Bridge, which spans the East River between Manhattan and Brooklyn, provide a perfect nautical setting for MDWC&G's newest addition to the firm. We are proud to announce the..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Cleveland, Ohio •
Practice Areas: General Liability Authors: Samuel G. Casolari Jr.
Ohio - Premises Liability, Key Points: Early and thorough documentation of the open and obvious condition. Background investigation that there were no distractions to the plaintiff. Posture case for summary judgment..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Claire Breaux Ventola
Pennsylvania - Product Liability, Key Points: Do OSHA and ANSI preempt state law tort claims? Can a plaintiff bring a products liability claim alleging that a product contain safeguards in addition to those required by OSHA and ANSI..., Defense Digest, Vol. 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

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