Volume 18, No. 3, September 2012
Offices: Harrisburg, Pennsylvania •
Practice Areas: Property Litigation •
Authors: Lauren M. Burnette
Key Points:
Maryland's highest court concludes that pit bulls and cross-bred pit bulls are "inherently dangerous" animals.
Under new standard, owners of pit bulls, landlords and property owners are strictly liable for the victim's injuries,..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investment Professional Liability •
Authors: Denis C. Dice
Key Points:
Non-parties to an arbitration agreement may force a party to arbitrate claims.
Equitable estoppel prevents a party from avoiding an arbitration clause.
A principal may rely on the agent's arbitration agreement to compel..., Defense Digest, Vol. 18. No. 3, September 2012
Casualty Department
Kevin McGoldrick, Nicholas Kierniesky and Lary Zucker (Cherry Hill, NJ) obtained summary judgment on behalf of their client, a local bowling center. The plaintiff suffered a ruptured tendon of his knee, requiring surgery, and was..., Defense Digest, Vol. 18, No. 3, September 2012
Practice Areas: Appellate Advocacy and Post-Trial Practice
Ed Schwartz (Harrisburg, PA) and Chuck Craven (Philadelphia, PA) won decisive battles initiated by a renowned plaintiff’s attorney in a legal malpractice case that has generated a significant precedential opinion from the Pennsylvania Superior Court..., Defense Digest, Vol. 18, No. 3, September 2012
Steve Polansky (Cherry Hill, NJ) was nominated by New Jersey Governor Chris Christie to the New Jersey Superior Court. Steve was sworn in on July 20, 2012, and will serve in the Superior Court, Family Division, Camden County.
The Philadelphia Legal..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Pittsburgh, Pennsylvania •
Authors: Scott G. Dunlop
When traveling on business and being introduced to people from other cities as the managing attorney of our Pittsburgh office, the question I am most frequently called upon to answer is, "Pittsburgh? So, are you a Steelers fan?" While the answer, of..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Doylestown, Pennsylvania •
Practice Areas: Property Litigation •
Authors: James H. Cole
The endless claims scenarios, coupled with face-to-face contact and helping insureds through difficult times, are part of what makes property claims so challenging and rewarding. Unfortunately, more and more insureds and their representatives view..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Cherry Hill, New Jersey •
Practice Areas: Workers' Compensation •
Authors: Robert J. Fitzgerald
Key Points:
The New Jersey Workers' Compensation Act protects employers from bodily injury damages for workplace injuries.
The court must a use a totality of the circumstances analysis in determining whether an intentional injury occurred..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Long-Term Care Liability •
Authors: Anthony J. Williott
Key Points:
The proscription against the plaintiff requesting an amount for non-economic damages also precludes the plaintiff from providing the jury with a formula.
It is important to raise a timely objection to an improper argument and to..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Public Entity and Civil Rights Litigation •
Authors: Danielle M. Vugrinovich
Key Points:
United States Supreme Court extends protection of qualified immunity to privately employed individuals who perform work for government.
Extension of immunity enhances opportunities for governmental entities to seek part-time..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: Wilmington, Delaware •
Practice Areas: Workers' Compensation •
Authors: Kimberly A. Harrison
Key Points:
Increases to permanent impairment ratings are based on the rating agreed to by the parties, not on the ratings provided by the experts.
A prior finding of unreliability does not affect future opinions of the same medical expert..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Jacqueline M. Reynolds
Key Points:
In the absence of notice or a demand communicated to the insurer or insured, a writ of summons does not commence a claim under Section 715 of MCARE.
The language in Section 715 of MCARE is ambiguous as to what triggers coverage..., Defense Digest, Vol. 18, No. 3, September 2012
Offices: King of Prussia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation •
Authors: Brooke R. Ginty
Key Points:
In the context of an insurance policy, the term “household” can have two meanings.
Because insurance policies are contracts, courts construe ambiguous against the drafter of the contract.
It is important to define key terms..., Defense Digest, Vol. 18, No. 3, September 2012
Volume 18, No. 2, June 2012
Offices: Bethlehem, Pennsylvania •
Practice Areas: Automobile Liability •
Authors: David A. Williams
Pennsylvania – Automobile Liability
Key Points:
Pennsylvania Supreme Court holds that an uninsured driver injured in a motor vehicle accident with an insured driver may sue the insured driver for "economic damages."
By extension, the Supreme..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Orlando, Florida •
Practice Areas: Long-Term Care Liability •
Authors: Chanel A. Mosley
Florida – Long-Term Care
Key Points:
Provisions in an arbitration agreement which serve to limit the liability of the long-term care provider should be avoided since they typically will not be upheld in Florida courts.
Arbitration agreements..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Bethlehem, Pennsylvania •
Practice Areas: Workers' Compensation •
Authors: William Z. Scott Jr.
Pennsylvania – Workers' Compensation
Key Points:
The claimant must prove disability persists during the entire reinstatement proceeding.
When the claimant has the burden of proof, video surveillance can stand alone.
In the case of Brian..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability •
Authors: Jennifer Prettyman Reno
Pennsylvania – Health Care Liability
Key Points:
"Loss of services" under the Pennsylvania Wrongful Death Act includes more than just "household chores."
Services extend to profound emotional and psychological loss suffered on the death of a..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investment Professional Liability •
Authors: Denis C. Dice
Federal – Securities & Investments Professional Liability
Key Points:
FINRA arbitration claims settled under $15,000 are not reportable on a broker's CRD after 24 months.
Settlements to multiple customers in one arbitration may be treated..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Philadelphia, Pennsylvania •
Practice Areas: Securities and Investment Professional Liability •
Authors: Samuel E. Cohen
Federal – Securities & Investment Professional Liability
Key Points:
BrokerCheck is a database available to the public through FINRA’s website which provides information regarding brokers and FINRA member brokerage firms.
BrokerCheck is..., Defense Digest, Vol. 18, No. 2, June 2012
Offices: Fort Lauderdale, Florida •
Practice Areas: Commercial Litigation •
Authors: Andrew J. Marchese
Florida – Commercial Litigation
Key Points:
The Florida Supreme Court held that F.S. 607.0850 provides for indemnification of directors of a condominium association when sued by the association itself.
Provisions in an arbitration agreement..., Defense Digest, Vol. 18, No. 2, June 2012
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