Volume 12, No. 1, March 2006
Index of Articles
- On The Pulse... The Cherry Hill Office
By James F. Graham, Esq.
Since the last profile of Marshall, Dennehey, Warner, Coleman & Goggin's Cherry Hill, New Jersey office in August of 2001, many things have changed... - Architectural And Engineering, Construction Defect & Real Estate Litigation Practice Group
By John H. Osorio, Esq.
As a full-service insurance defense litigation firm, Marshall, Dennehey, Warner, Coleman & Goggin has long recognized the value of having a core group of attorneys who specialize in litigation involved the related fields of architecture, engineering, construction defect and real estate... - Notes From The Executive Committee
By Peter S. Miller, Esquire, Chairman of the Board and COO
As you have learned in a number of recent issues of this publication, last year our firm experienced a transition in leadership. It would appear by all accounts that this transition was successful. Our firm experienced a stable and healthy year... - Premises Makes A Difference In Dog Bite Coverage Claim
By Gordon B. Simmons, Esq.
In an impressive application of clear policy language and common sense, the Pennsylvania Superior Court has ruled that an insurance company does not owe coverage for a dog bite claim not arising out of use of the insured premises... - New Jersey: Parental Immunity for "Negligent" Failure To Supervise Claims Calls For Case-By-Case Analysis Of Defense Strategy, Liability Evaluation, And Coverage Determinations
By Gregory J. Kelley, Esq.
Historically, the Doctrine of Parental Immunity barred a child from bringing a claim against his parents. Although the doctrine has been partially abrogated over time, the New Jersey Supreme Court has retained parental immunity for negligence in the exercise of parental authority... - Children Should Not Play With Matches... Or Cigarette Lighters
By Thomas M. Lent, Esq.
On November 30, 1993, two-year-old Jerome Campbell was playing with his mother's disposable Cricket butane lighter. The lighter did not have any "child resistant" features. While playing with the lighter... - Conflicting Decisions In New Jersey As To Whether A Comparative Analysis Is Necessary When A Plaintiff Does Not Claim An Aggravation Of Pre-Existing Injuries
By Christopher J. Gonnella, Esq.
Just when you thought it was safe to buy car insurance in the state of New Jersey, the Appellate Division has recently reached two opposing conclusions... - The Appellate Division Further Clarifies The Computation Of Weekly Wages Under The New Jersey Workers' Compensation Act
By Robert J. Fitzgerald, Esq.
In a recent case being considered for publication, the New Jersey Appellate Division has further clarified the method to be used to compute an employee's weekly wages under the New Jersey Workers' Compensation Act... - When Competing Claims Vie For Potentially Insufficient Policy Limits: Tips For Avoiding Bad Faith Litigation When There Are More Claims Than Money Available To Pay Them
By Pamela Lynde Bower, Esq.
Background: This article was prompted by efforts to settle multiple claims and lawsuits arising out of a single accident, caused by a dump truck's rear-ending a car on a bridge... - New Jersey Supreme Court Permits Spoliation Inference And Extends Res Ipsa Doctrine To Legal Malpractice Action Arising Out Of Underlying Product Liability Claim
By John L. Slimm, Esq.
In Jerista v. Murray, 2005 N.J. LEXIS 1133 (Oct. 12, 2005), the New Jersey Supreme Court held that in a legal malpractice action arising out of an underlying product liability action involving automatic doors which malfunctioned, causing injury, the Doctrine of Res Ipsa Loquitur is available to plaintiff... - Stipulating To Cap On Compensatory Damages Limits Potential Delay Damages
By Kimberly A. Boyer-Cohen, Esq.
Under Rule 1311.1 of the Pennsylvania Rules of Civil Procedure, a plaintiff may stipulate to $15,000 as the maximum amount of damages recoverable upon the trial of an appeal from the award of arbitrators... - Attorney-Client Privilege Keeps Going, Keeps Going, And So On...
By Geoffrey S. McInroy, Esq.
In a recent case, the Superior Court defined the parameters of attorney-client privilege a little broader than previously believed... - On The Pulse... Our Litigation Achievements... We Are Proud Of Our Attorneys For Their Recent Accomplishments...
- On The Pulse... Other Notable Achievements
- The Supreme Court Takes On Car Insurance
By Walter F. Kawalec III, Esq.
As 2005 turned to 2006, the Pennsylvania Supreme Court issued two important decisions regarding automobile insurance policies. First... - Expansion Of The Going And Coming Rule Exception?
By Ross A. Carrozza, Esq.
This article will explore the impact of the recent Pennsylvania Supreme Court decision of Wachs v. W.C.A.B. (American Office Systems & Donegal Mutual Insurance Company), 884 A.2d 858 (Pa. 2005), on the going and coming rule... - Easement Holders Equals Owner Under The Rulwa
By Jennifer Kralle, Esq.
In Stanton v. Lackawanna Energy, Ltd. et al., 2005 Lexis 2548, (Pa. 2005), the Pennsylvania Supreme Court recently held that an easement holder who exercises sufficient control over land is considered an occupant or person in control of the premises and is, thus, entitled to the tort immunity protection under the Recreational Use of Land and Water Act (RULWA)... - Liability Releases For Minors In New Jersey - Arbitration As An Alternative To A Release?
By Deirdre Collins, Esq.
In a case of first impression in New Jersey, the Appellate Division in Hojnowski v. Vans Skate Park, 375 N.J. Super. 568 (2005), held that a pre-injury liability release signed by a parent on behalf of their child was enforceable as to the agreement to arbitrate claims. This decision has very compelling implications for New Jersey businesses...
