Volume 14, No. 1, March 2008
Index of Articles
- On The Pulse... Profile Of Our Roseland, New Jersey Office
By Joseph A. Manning, Esq.
It is with great pleasure that I have been asked to write about the Roseland, New Jersey, office of Marshall, Dennehey... - On The Pulse... Profile Of The Environmental And Toxic Tort Practice Group
By Lila Wynne, Esq. & Daniel J. Ryan, Esq.
The Environmental and Toxic Tort Group handles all facets of environmental and toxic tort practice, from counseling clients to litigating major cases and class actions... - Message From The Executive Committee
By Thomas A. Brophy, Esquire, President & CEO
In December 2007, Marshall, Dennehey, Warner, Coleman & Goggin hired its 400th lawyer... - Delaware - Asbestos
Delaware Superior Court Find That No Duty Extends To Spouse/Household Members Of Employees Exposed To Asbestos
On December 21, 2007, Judge Joseph R. Slights, III, who administers the asbestos litigation in the Superior Court of Delaware, issued an important decision with regard to asbestos litigation... - Federal - Aviation
The Next Asbestos Litigation? The Next Lead Paint Litigation? Probably Not, But International Air Travel Just Got More Costly For Airlines
By Geraldine Zidow, Esq.
A federal district court in San Francisco has given a green light to lawsuits against airlines where passengers on international flights claim they suffered serious physical injury... - Federal - Trial Practice
The Federal Courts Require Complaints To State A Factually "Plausible" Claim, And Factually "Conceivable" (Speculative) Claims May Be Dismissed In The Pleadings Stage
By Gregory J. Kelley, Esq.
In May, 2007, in Bell Atlantic Corp. v. Twombly, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007), The United State Supreme Court addressed the question of what constitutes sufficient factual specificity in a Complaint to survive a motion to dismiss for failure to state a claim... - Florida - Automobile
The Graves Amendment's Stay In Florida
By Pablo B. Morla, Esq.
On August 10, 2005, federal and state vicarious liability laws by virtue of the enactment of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy For Users ("SAFETEA-LU")... - Florida - Professional Liability
In Defense Of The Home Inspector
By Adam C. Herman, Esq.
The purchase of a home is one of the single biggest investments an individual will ever make. It is understandable then that a homeowner might seek to place blame with someone if the... - New Jersey - Civil Rights & Public Entity
The New Jersey Supreme Court Holds School District Liable For Student On Student Harassment Under the New Jersey Law Against Discrimination
By Kara A. Pullman, Esq.
In L.W. ex rel. L.G. v. Toms River Regional School Board of Education, 189 N.J. 381, 390 (N.J. 2007), the New Jersey Supreme Court held that a school district can be held liable for student sexual orientation harassment under the New Jersey Law Against Discrimination (LAD) when... - New Jersey - Health Care Liability
The Supreme Court Of New Jersey Takes On The Abortion Debate: Informed Consent & Medical Consensus
By Noelle P. Conners, Esq.
In Acuna v. Turkish, 192 N.J. 399 (2007), the Supreme Court of New Jersey addressed one of our society's most divisive issues, abortion... - On The Pulse... Our Litigation Achievements...We Are Proud Of Our Attorneys For Their Recent Victories
- On The Pulse... Marshall Dennehey Is Happy To Celebrate Our Recent Appellate Victories
- On The Pulse... Other Notable Achievements
- Pennsylvania - Environmental/Toxic Tort
Evidence Of A "Significantly Increased Risk" Must Be Established To State A Claim For Medical Monitoring In Pennsylvania
By Thomas C. DeLorenzo, Esq. & Ronda K. O'Donnell, Esq.
Medical monitoring is a relatively new legal theory for asymptomatic individuals who do not yet have any existing physical injury but who seek the costs of periodic medical examinations... - Pennsylvania - Contractor/Trial Practice
Limit Those Claims: Applying The Gist Of The Action Doctrine To Remove Negligence, Fraud, Common Law Contribution And Indemnification Claims
By Timothy J. Hartigan, Esq.
While the Gist of the Action Doctrine has not yet been expressly adopted by the Pennsylvania Supreme Court, it was recognized by the Superior Court for the first time... - Pennsylvania - Workers' Compensation
Losing Sight Of Act 44: Judicial Rollback Of Legislative Medical Savings
By Robert P. Schenk, Esq.
In 1993, Act 44 made significant changes to the Pennsylvania Workers' Compensation Act. The legislative intent of the Act 44 was primarily to reduce spiraling health care costs... - Pennsylvania - Property
Game, Set, Match: The Pennsylvania Superior Court Clarifies Whether An Insurance Company Owes "To Match"
By James H. Cole, Esq.
On November 20, 2007, The Pennsylvania Superior Court handed down a decision clarifying whether an insurance company owes "to match" in Pennsylvania. The "matching" issue... - Pennsylvania - Construction
Cracking The Concrete Corporation Veil
By Matthew J. Noble, Esq.
David Szymanski was the sole shareholder, director, and officer of several construction companies....
