Volume 13, No. 3, September 2007
Index of Articles
- On The Pulse... A Profile Of The Pittsburgh, Pennsylvania Office
By Scott G. Dunlop, Esq.
In 1993, Marshall, Dennehey, Warner, Coleman & Goggin became the first defense litigation firm in Pennsylvania with a truly state-wide practice by opening an office in Pittsburgh to complement an already impressive array of existing locations... - On The Pulse... Profile Of The Post-Trial And Appellate Advocacy Practice Group
By John J. Hare, Esq.
Our firm's Post-Trial and Appellate Advocacy Practice Group consists of eight members strategically placed to meet the needs of clients in all jurisdictions served by the firm... - Message From The Executive Committee
By Peter S. Miller, Esq., Chairman of the Board and COO
In my previous messages, I have devoted a fair amount of time introducing you to the people who make up our firm. Today, I am going to go in a different direction... - Federal - Employment Law
Plaintiff May Not Bring An Action Under Title VII Of The Civil Rights Act Of 1964 When Disparate Pay Received During The Statutory Period Is The Result Of Discriminatory Actions Outside The Statutory Period
By Stephanie K. Rawitt, Esq. & Margaret M. Butler
In Ledbetter v. Goodyear Tire & Rubber Co., No. 05-1074, 2007 U.S. LEXIS 6295 (U.S., May 29, 2007), the United States Supreme Court held that the time period for filing an employment discrimination charge... - Federal - Civil Rights/Public Entity
School's Out: The Third Circuit Precludes Use Of 42 U.S.C. §1983 To Remedy Violations Of IDEA And The Rehabilitation Act
By Christopher J. Conrad, Esq.
An en banc panel of the Third Circuit Court of Appeals unanimously held in A.W. v. Jersey City Public Schools, 486 F. 3d 791 (3rd Cir. 2007), that violations of the Individuals with Disabilities Education Act... - Florida - Construction Litigation
Everyone Needs A Good Limitation Of Liability Clause
By R. Thomas Roberts, Esq. and Jennifer Bowmar
The old adage that an ounce of prevention is worth a pound of cure may never have been truer than as when applied to the context of contract drafting... - New Jersey - Workers' Compensation
The Pending Issue Of How To Address The Increased Dependency Rate
By Angela Y. DeMary, Esq.
In those instances where there is a death of a worker, we are confronted with the issue of a potential claim for dependency benefits... - New Jersey - Coverage
Reservation Of Rights Of Insurance Carriers - The Insured Must Be Fairly Informed
By Nicholas Kierniesky, Esq.
On June 12, 2007, the New Jersey Appellate Division issued a decision in Kaplan v. Harleysville Insurance Company, which, although an unpublished opinion, can be cited as persuasive authority in New Jersey pursuant to... - Pennsylvania - Insurance Coverage
The Wheels Do Not Fall Off The "Business Risk" Exclusion
By Thomas M. Witowski, Esq.
In the recent case of Plasticert, Inc. v. Westfield Insurance Company, 2007 Pa. Super. 124 (May 1, 2007), the Superior Court of Pennsylvania upheld the validity of a common "business risk" exclusion in a commercial general liability insurance policy and applied the exclusion... - Pennsylvania - Assignment Of Contract
Public Policy Trump's Insurance Policy And "Thar's Danger In Them Thar Disclaimers"
By John R. Warner, Esq.
The Supreme Court of Pennsylvania, in a five-to-one decision, recently made an important clarification in the law pertaining to the assignment of rights in an insurance policy... - Pennsylvania - Professional Liability
Show Me The Merit: Pennsylvania's Certificate Of Merit Requirement And Substantial Compliance
By Elizabeth A. Underwood, Esq.
In January 2003, in an attempt to quickly dispose of unsubstantiated professional liability actions, the Pennsylvania Supreme Court adopted... - Pennsylvania - Punitive Damages
Is Proof Of Wealth Necessary To An Award Of Punitive Damages?
By Dennis J. Roman, Esq.
Recently, the Superior Court of Pennsylvania examined the issue of whether punitive damages may be awarded without proof of a defendant's finances or wealth. The court held that... - Pennsylvania - Medical Malpractice
Disgruntled Lasik Surgery Patient Not Precluded From Expressing Non-Defamatory Comments On Website
By T. Kevin FitzPatrick, Esq.
In a complex case from a procedural standpoint, a patient who sustained serious injuries following eye surgery has been allowed to maintain a website he created expressing views... - Pennsylvania - Premises Liability
Bedbugs: An Emerging Liability Challenge For Many Businesses
By Kimberley J. Woodie, Esq.
Bedbugs were not a significant problem in the United States for decades. Unfortunately, they have returned and are infesting many locations, including hotel rooms, apartment complexes... - Pennsylvania - General Practice
In Search Of The Truth - Will Pennsylvania Courts Admit A Summary Of A Witness's statement Into Evidence
By Justin W. Oravetz, Esq.
Imagine a case where "the smoking gun" can be found in an investigator's summary of a witness's recorded statement, but the audio recording of the statement was lost or destroyed... - Pennsylvania - Retail Liability
No Blind Man's Bluff: Disabled Store Employee Open & Obvious
By Howard P. Dwoskin & Sarah E. Holmes, Esq.
In the recent Superior Court decision of Campisi v. Acme Markets, Inc., 2006 Pa.Super. 368, 915 A.2d 117 (2006), the court upheld a Judgment Notwithstanding the Verdict against a store customer based on an open and obvious danger posed by a disabled store employee... - Pennsylvania - Trademark
Former Phillie Tyler Green Thrown A Curve On Appeal For Legal Fees
By Aaron E. Moore, Esq.
Diehard baseball fans may recognize the name Tyler Green. Green had a brief major league career in the 1990s as a pitcher for the Philadelphia Phillies that was cut short by arm troubles... - On The Pulse... Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Achievements...
- One The Pulse... Other Notable Achievements...
