Volume 14, No. 2, June 2008
Index of Articles
- On The Pulse... MDWC&G Opens New York Office
By Thomas R. Bond, Esq.
We are very pleased to announce the opening of an office in New York City, thereby expanding the number of our offices to 18... - On The Pulse... Marshall Dennehey's Coverage Group Expands In Florida
By Eric A. Fitzgerald, Esq., CPCU, ARe
Marshall Dennehey's Coverage and Extra-Contractual Claims Practice Group took a big step forward in Florida with the recent addition of an exceptionally experienced group... - Message From The Executive Committee
By Peter S. Miller, Esquire, Chairman of the Board and COO
As I attend industry conferences, I hear a common concern expressed by the leaders of our industry: where is the next generation of trial lawyers going to come from?... - Florida- Construction Litigation
Is The Greathouse Case Really Great?
By John Viggiani, Esq.
Last year, United States District Judge Richard Smoak decided the case... - New Jersey - Tort Litigation
The Elephant In The Examining Room - Third Party Presence At An Independent Medical Examination
By Paul C. Johnson, Esq.
Erudite and imposing torts professors (mine wore a Phi Beta Kappa pocket watch key every class) teach all first year law students that negligence consists of four elements... - New Jersey - Workers' Compensation
The Coming And Going Rule Redefined
By Michael P. McMullen, Esq.
There has been a recent New Jersey appellate court decision in Scott v. Foodarama Supermarkets, ... - New Jersey - Coverage
Lack Of Cooperation, In Determining If Someone Were A Permissive User Of A Vehicle, May 'Appreciably Prejudice' An Insurer Enough To Enable It To Disclaim Coverage
By Nicholas Kierniesky, Esq.
On March 7, 2008, the New Jersey intermediate appeals court issued its decision... - New Jersey - Workers' Compensation
Appellate Division Affirms Determination Of Improper Workers' Compensation Insurance Cancellation, Despite Carrier's Utilization Of State Insurance Bureau's Electronic Filing Procedures
By Robert J. Fitzgerald, Esq.
The Appellate Division has again tackled the issue of what constitutes the proper cancellation of a workers' compensation insurance policy in Sroczynski v. Milek, ... - New Jersey - Product Liability
Trends In Market Share Liability Theory For 2008
By Marc R. Jones, Esq.
The market share theory of liability was created by the courts to address the difficult situation in large product and toxic tort liability cases for plaintiffs whereby... - Pennsylvania - Evidence
My Chiropractor Is Under Indictment. Can I still Waive His Testimony?
By Jeffrey S. Fleischer, Esq.
Rule 1311.1 of the Pennsylvania Rules of Civil Procedure permits plaintiffs, in cases on appeal from compulsory arbitration, to introduce as evidence certain records... - Pennsylvania - Health Care Liability
Medical Malpractice Law: No Expert Testimony Can Result In No Indemnification (Or Contribution)
By Michael S. Neiburg, Esq.
In the recent case of MIIX Ins. Co. v. Epstein, 2007 Pa. Super. 346 (Nov. 26, 2007), the Pennsylvania Superior Court held that, in an indemnity and contribution action based on... - Pennsylvania - Appeals
Navigating The 1925(b) Minefield Of Waiver - The Pennsylvania Supreme Court's Attempt To 'Clarify The Confusion And Quell The Consternation'
By Kimberly A. Boyer-Cohen, Esq.
The myriad decisions of the intermediate appellate courts and trial courts regarding waiver under Rule 1925(b) have been characterized as causing "much consternation in the courts of this commonwealth." Unfortunately, the recent decision... - On The Pulse... Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Victories
- On The Pulse... Other Notable Achievements
- On The Pulse... Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- Pennsylvania - Asbestos
The Dose Is The Poison — The Pennsylvania Supreme Court Questions The 'Each And Every Breath' Or 'Any Exposure' Theory
By Christopher N. Santoro, Esq.
In Gregg v. V-J Auto Parts Co., 2007 Pa. Lexis 2935 (Pa. 2007), the Pennsylvania Supreme Court extended the "frequency, regularity, and proximity" test in asbestos cases where the... - Pennsylvania - Workers' Compensation
Practical Considerations In Extraterritorial Jurisdictions Injuries
By J. Casey Watson, Esq.
It has been well-established that the Pennsylvania Workers' Compensation Act applies to all injuries occurring within Pennsylvania, no matter where the contract for hire has been made... - Pennsylvania - Remedies
Limit Those Damages: Saying Goodbye To Economic Damages (Most Of The Time)
By Timothy Hartigan, Esq.
The Economic Loss Doctrine, sometimes confused with its similarly named close cousin the "economic loss rule," is a weapon available to you to sometimes remove a negligence claim against your client... - Pennsylvania - Corporate Vicarious Liability
Pennsylvania Superior Court Expands Vicarious Liability To American Companies For The Actions Of A Wholly-Owned Foreign Subsidiary: The Doctrine Of Apparent Authority
By Douglas L. DeMartino, Esq.
The Pennsylvania Superior Court recently decided a matter of first impression in which an American company can be vicariously liable for the actions of a wholly-owned foreign subsidiary...
