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Defense Digest

Volume/Digest Number
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Author
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Volume 15, No. 3, September 2009

Offices: Allentown, Pennsylvania •
Practice Areas: General Liability, Workers' Compensation Authors: Frank A. Baker III
Pennsylvania - Civil Liability, In a recent Pennsylvania Superior Court case, which can be found at 2009 Pa. Super 73; 971 A.2d 1280, the court ruled that the exclusivity provision of the Workers' Compensation Act ("Act"), 77 P.S. §481(a), does not preclude a claim by the..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Kristy Olivo Salvitti
New Jersey -- Workers' Compensation, Arguably, the most litigated issue in New Jersey workers' compensation court is whether additional permanent disability is caused by a petitioner's continued employment or by the natural progression of an earlier work-related accident. The Superior..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Insurance Coverage/Bad Faith Litigation
New Jersey - Bad Faith, In the area of bad faith litigation, courts across the country have repeatedly been faced with the question of whether to sever an underlying breach of contract claim from its companion bad faith assertion, as well as stay discovery on the bad faith..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Camp Hill, Pennsylvania •
Practice Areas: Professional Liability
Pennsylvania - Civil Procedure, The Pennsylvania Supreme Court recently tempered the ability of courts to search a plaintiff's complaint for the existence of a cause of action - even one not raised by the plaintiff himself - for the purpose of determining that the plaintiff's..., Defense Digest, Vol. 15, No. 3, September 2009
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With the explosion of personal injury litigation in this country over the last two decades, the legitimacy of many injury claims is suspect. Injury claimants have been known to lie about their medical histories, extent of injuries, disabilities, and..., Defense Digest, Vol. 15, No. 3, September 2009
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Authors: Thomas A. Brophy
As our clients know, the law of business is very competitive. At Marshall, Dennehey we understand that we may not be the least expensive option that our clients have, at least in terms of hourly billing. However, if one looks at our rates, the..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Wilmington, Delaware •
Practice Areas: Workers' Compensation Authors: Paul V. Tatlow
Delaware -- Workers' Compensation, In Delaware, as in most jurisdictions, the Workers' Compensation Act is the exclusive remedy between employers and employees for workplace injuries. In return for the employee being entitled to compensation, including wage loss and medicals, in what..., Defense Digest, Vol. 15, No. 3, September 2009
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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 unanimously affirm the dismissal of the plaintiffs' complaint on preliminary objections in Baker v. Pocono Mountain Chamber of Commerce (No. 1636 EDA 2008,..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to unanimously affirm the dismissal of the plaintiffs' complaint on preliminary objections in Baker v. Pocono Mountain Chamber of Commerce (No. 1636 EDA 2008,..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in persuading the Pennsylvania Superior Court to unanimously affirm the dismissal of the plaintiffs' complaint on preliminary objections in Baker v. Pocono Mountain Chamber of Commerce (No. 1636 EDA 2008,..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Amusements, Sports and Recreation Liability Authors: Lary I. Zucker
Marshall Dennehey's Amusements, Sports & Entertainment Practice Group is nationally recognized for our depth and experience in a wide range of amusement, sports and leisure risks, including sports and amusement facilities, arenas and concert..., Defense Digest, Vol. 15, No. 3, September 2009
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Michele Punturi (Philadelphia, PA) was awarded the 2008 Workers' Compensation Award of Excellence by the Pennsylvania Self-Insurers' Association for her initiative, creativity, and distinguished strategy for the performance of workers' compensation..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Mount Laurel, New Jersey •
Authors: Richard L. Goldstein
The Township of Cherry Hill, New Jersey, lies five miles east of Philadelphia. The area's original inhabitants were the Lenni-Lenape Native Americans who lived peacefully among some of the followers of William Penn, after their arrival in the Garden..., Defense Digest, Vol. 15, No. 3, September 2009
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Recently, the Pennsylvania Superior Court in Cruz v. Princeton Insur. Co., 2009 Pa. Super 49; 2009 Pa. Super. LEXIS 64 (Mar. 24, 2009), ruled upon one of the elements of an abuse of process claim, i.e. harm to the plaintiff, finding that the harm..., Defense Digest, Vol. 15, No. 3, September 2009
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Joanna D. Buchanico
Pennsylvania - Insurance Coverage, Every day sellers of goods and services negotiate with customers for sales contracts. What if a seller was not forthright with a customer during these contract negotiations and the product failed to meet the customer's expectations of good..., Defense Digest, Vol. 15, No. 3, September 2009
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Practice Areas: Commercial Litigation
A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of liability. Until recently, in Florida Limits of Liability clauses designed to protect..., Defense Digest, Vol. 15, No. 3, September 2009
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Casualty Michael Speer (Roseland, NJ) obtained a jury verdict in favor of our insurance company client in which it was found that their insured had provided post-loss material misrepresentations which were false and constituted violations of the New..., Defense Digest, Vol. 15, No. 3, September 2009
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Volume 15, No. 2, June 2009

Offices: King of Prussia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: David J. Krolikowski
Pennsylvania -- Insurance Coverage & Bad Faith, In Jurinko v. Medical Protective et al., 2008 U.S. App. LEXIS 26263, Nos. 06-3519 & 06-3666 (Dec. 24, 2008), on appeal to the Third Circuit, there was an issue regarding whether an insurer acted in bad faith by having two separate insureds..., Defense Digest, Vol. 15, No. 2, June 2009
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Consumer Financial Services Litigation & Compliance, Professional Liability Authors: Andrew M. Schwartz
Federal -- Fair Debt, Two cases in the same courthouse addressing the same legal issues and facts. One case resulting in the granting our motion to dismiss, the other denying our motion for summary judgment the very next day and the successful appeal that followed. Under...,   Defense Digest, Vol. 15, No. 2, June 2009
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Professional Liability Authors: Elizabeth A. Pope
Pennsylvania - Construction Litigation, This is an update to "The Summit Decision: Limiting General Contractor's Liability Under OSHA for Safety Violations of its Subcontractors at Multi-Employer Construction Sites," published in Volume 15, No. 1 of Defense Digest. Since publication, the..., Defense Digest, Vol. 15, No. 2, June 2009
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