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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 16, No. 4, December 2010

Offices: Roseland, New Jersey •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Third Circuit to affirm the decision of the District Court, obtained by John Gonzales (King of Prussia, PA), to deny the plaintiff's motion for F.R.Civ.P. 60(b) relief from a judgment. In..., Defense Digest, Vol. 16, No. 4, December 2010
Kate McGrath (King of Prussia, PA), Director of the firm's Healthcare Liability Department, has been named "Trial Lawyer of the Year " by the Board of the Trial Lawyers Section of the Montgomery County Bar Association. Matthew Keris (Scranton, PA)..., Defense Digest, Vol. 16, No. 4, December 2010
Authors: Eric A. Fitzgerald CPCU, CLU
Marshall, Dennehey, Warner, Coleman & Goggin's Life, Health and Disability Practice Group is dedicated to the representation of insurers and employers in disputes arising out of employer-sponsored and individually issued life, health and..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
New Jersey - Workers' Compensation, Key Points: The workers' compensation bar protects employers from bodily injury damages for workplace injuries. Employers lose the benefit of the workers' compensation bar for "intentional injuries." The court..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability Authors: T. Kevin FitzPatrick
Pennsylvania – Health Care Liability,  Key Points: Psychiatric records are privileged, but prevention from discovery is not absolute. Pennsylvania recognizes numerous statutes and policy considerations restricting disclosure of mental health information..., Defense Digest, Vol. 16, No. 4, December 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Public Entity and Civil Rights Litigation, Appellate Advocacy and Post-Trial Practice Authors: Walter F. Kawalec III
Federal - Civil Rights, Key Points: In accommodation matters in religious discrimination cases under Title VII, the court is reluctant to credit an offer of accommodation by the employer where it would require the court to make a theological evaluation of..., Defense Digest, Vol. 16, No. 4, December 2010
Florida – Construction Litigation , Key Points: Although a long standing theory in personal injury accidents in Florida, the Substantial Factor Theory has only recently been attempted in construction defect claims. There are few cases that consider the..., Defense Digest, Vol. 16, No. 4, December 2010

Volume 16, No. 3, September 2010

Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Kristy Olivo Salvitti
New Jersey -- Workers' Compensation, Key Points: Before paying temporary total disability benefits, ask the question: "Was the petitioner employed as of the first date that he became disabled?" The purpose of temporary disability benefits is to provide an..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability Authors: Angeline C. Panepresso
Pennsylvania – Settlement & Releases, Key Points: The release of an insurance agent will effectively release the insurer, as principal, of vicarious liability. Conversely, the release of vicarious liability claims against an insurer will not effectively..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Workers' Compensation Authors: Anthony Natale III
Pennsylvania - Workers' Compensation, Key Points: Commonwealth Court decides that a "good faith" follow through on jobs listed in a labor market survey is not detrimental to a modification petition. A job listed in a labor market survey is available as long..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: New York, New York •
Practice Areas: Maritime Litigation Authors: Daniel G. McDermott
New York - Maritime, Key Points: Choice of law--federal maritime or state labor law--can have profound effect. Structure on navigable water can be classified as "vessel" if capable of being used as a means of transportation. If..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability
Pennsylvania - Health Care Liability, Key Points: MCARE establishes strict criteria for qualifying experts testifying against a physician in a professional liability claim. An expert proposed to offer standard of care opinions must meet a higher standard of..., Defense Digest, Vol. 16, No. 3, September 2010
I would like to begin this message with a thank you to our clients. The past two years have been exceedingly challenging given the state of the economy. In spite of this fact, you have remained loyal. Why is that? Could it be that in the face of..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Camp Hill, Pennsylvania •
Practice Areas: Automobile Liability Authors: Brigid Q. Alford
Pennsylvania -- Automobile Liability, Key Points: Statutory offset in Pennsylvania's Motor Vehicle Financial Responsibility Law applied to disability benefits. Court refuses to limit scope of offset to health benefits. UIM carrier entitled to..., Defense Digest, Vol. 16, No. 3, September 2010
Casualty Joanna Buchanico (Philadelphia, PA) obtained an order from the Philadelphia Court of Common Pleas dismissing all counts against our client homeowner in a case where the plaintiff was shot in the head while on our insured's property. The..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Moosic, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to affirm the dismissal of a tax dissenter's lawsuit against a bank. In response to a levy imposed by the federal Internal Revenue Service on the plaintiff's..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Fort Lauderdale, Florida •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to affirm the dismissal of a tax dissenter's lawsuit against a bank. In response to a levy imposed by the federal Internal Revenue Service on the plaintiff's..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to affirm the dismissal of a tax dissenter's lawsuit against a bank. In response to a levy imposed by the federal Internal Revenue Service on the plaintiff's..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to affirm the dismissal of a tax dissenter's lawsuit against a bank. In response to a levy imposed by the federal Internal Revenue Service on the plaintiff's..., Defense Digest, Vol. 16, No. 3, September 2010
Offices: Camp Hill, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to affirm the dismissal of a tax dissenter's lawsuit against a bank. In response to a levy imposed by the federal Internal Revenue Service on the plaintiff's..., Defense Digest, Vol. 16, No. 3, September 2010

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