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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

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Volume 16, No. 2, June 2010

Jeffrey Rapattoni (Cherry Hill, NJ) gave an Insurance Fraud presentation at the 2010 Insurance Fraud Conference sponsored by the IIA and the ACFE. Douglas Kent (Philadelphia, PA) participated in a panel discussion of the recent Philadelphia Façade..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Health Care Liability , Privacy and Data Security, Long-Term Care Liability, Birth and Catastrophic Injury Litigation
Marshall, Dennehey, Warner, Coleman & Goggin has been providing defense representation in the area of healthcare liability for over 40 years. Presently, the members of our Healthcare Liability Department are handling over 2,000 medical..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: New York, New York •
Authors: Daniel G. McDermott
Office windows overlooking the South Street Seaport and the Brooklyn Bridge, which spans the East River between Manhattan and Brooklyn, provide a perfect nautical setting for MDWC&G's newest addition to the firm. We are proud to announce the..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Cleveland, Ohio •
Practice Areas: General Liability Authors: Samuel G. Casolari Jr.
Ohio - Premises Liability, Key Points: Early and thorough documentation of the open and obvious condition. Background investigation that there were no distractions to the plaintiff. Posture case for summary judgment..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Claire Breaux Ventola
Pennsylvania - Product Liability, Key Points: Do OSHA and ANSI preempt state law tort claims? Can a plaintiff bring a products liability claim alleging that a product contain safeguards in addition to those required by OSHA and ANSI..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Employment Law Authors: Christopher P. Boyle
Federal -- Employment Law, Key Points: With increased funding from the federal government, the Equal Employment Opportunity Commission promises more suits against private employers. A chain reaction works against the employer: poor..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Class Action Litigation, Medical Device and Pharmaceutical Liability Authors: Jeffrey P. Bates
Pennsylvania -- Class Action, Key Points: The "fraud on the market" theory has extremely limited application. Statistical evidence cannot replace traditional proofs in a class action claim involving misrepresentation. A..., Defense Digest, Vol. 16, No. 2, June 2010
Offices: Cleveland, Ohio •
Practice Areas: General Liability Authors: Samuel G. Casolari Jr.
Ohio -- Premises Liability (Dog Bites), Key Points: Plaintiff may pursue claims under both R.C. 955.28 and common law negligence for a dog bite cause of action. No language in R.C. 955.28 establishes the statute as the sole remedy..., Defense Digest, Vol. 16, No. 2, June 2010

Volume 16, No. 1, March 2010

Offices: Philadelphia, Pennsylvania •
Practice Areas: Product Liability Authors: Carol A. VanderWoude
Pennsylvania -- Product Liability, Key Points: To make out a prima facie case under the malfunction theory where a product has performed successfully in the years leading up to the alleged "malfunction," a plaintiff must adduce some evidence, direct or..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Pittsburgh, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Patricia A. Monahan
Pennsylvania - Bad Faith, Key Points: Compensatory damages are available in lawsuit for bad faith arising out of insurer's defense of an insured in third party action. Federal courts have permitted plaintiffs to plead entitlement to..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability
Pennsylvania - Medical Malpractice, Key Points: Request for admissions, especially if addressing a key aspect of the case, should be drafted as specifically as possible. If a response to a request for admissions is untimely filed, the..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Insurance Coverage/Bad Faith Litigation Authors: Christopher J. Conrad
Pensylvania - Insurance Coverage, Key Points: When the language of an insurance contract is clear and unambiguous, courts will give effect to that language. Forum selection clause in plaintiffs' auto insurance policy was clear and..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Roseland, New Jersey •
Practice Areas: Architectural, Engineering and Construction Defect Litigation Authors: Alicia L. Calaf
New Jersey -- Indemnification & Contribution, Key Points: Supreme Court's ruling underscores importance that parties avoid piecemeal litigation. Keep an eye on potential third party claims for contribution and indemnification. Failure to assert them in..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Health Care Liability Authors: Jason W. Bialker
Pennsylvania - Medical Malpractice, Key Points: Joint Tortfeasor Releases should be interpreted by basic contract principles, i.e., the language of the release should be interpreted as being the true intent of the parties. The holding of..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
New Jersey - Workers' Compensation, Key Points: New Jersey workers' compensation law prevents double recoveries by petitioners who pursue third-party claims in conjunction with a work injury. New Jersey workers' compensation law may now..., Defense Digest, Vol. 16, No. 1, March 2010
As I sit at my desk this first work day of a new decade, there truly is only one topic which comes to mind for this article: that is to thank the readers of this Digest, our loyal clients. Undoubtedly, everyone is familiar with the difficult..., Defense Digest, Vol. 16, No. 1, March 2010
Practice Areas: Product Liability Authors: Michael A. Packer
Once it became clear that claims related to defective drywall manufactured in China were going to be filed at a near epidemic level, the leadership of Marshall, Dennehey, Warner, Coleman & Goggin recognized its clients would be drastically..., Defense Digest, Vol. 16, No. 1, March 2010
Casualty Thomas Brophy (Philadelphia, PA) obtained a defense verdict in a case in which he represented a national entertainment corporation. The plaintiff was a seven-year-old girl who had sustained a two-inch facial laceration with scarring revised..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in obtaining an affirmance of a defense medical malpractice judgment in favor of a defendant emergency room physician from a unanimous three-judge panel of the Pennsylvania Superior Court (Judges Musmanno..., Defense Digest, Vol. 16, No. 1, March 2010
Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
Chuck Craven (Philadelphia, PA) succeeded in obtaining an affirmance of a defense medical malpractice judgment in favor of a defendant emergency room physician from a unanimous three-judge panel of the Pennsylvania Superior Court (Judges Musmanno..., Defense Digest, Vol. 16, No. 1, March 2010

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