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Defense Digest

Volume/Digest Number
State
Author
Practice Area
Keyword

Pages

Volume 15, No. 4, December 2009

Offices: Jacksonville, Florida •
Practice Areas: Automobile Liability
Florida - Automobile Liability, Key Points:  Florida's No Fault Law sometimes raises question of what constitutes "relative." 2nd DCA held that term "relative" in insurance policy is not ambiguous. Whether a relative is..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Wilmington, Delaware •
Practice Areas: Professional Liability Authors: Art C. Aranilla
Delaware - Discovery Rule,   Key Points: Signers of documents with legal or contractual implications cannot avoid obligations under the contract, nor maintain legal malpractice claim against attorney who drafted legal document if person of..., Defense Digest, Vol. 15, No. 4, December 2009
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In the last issue of this publication, Thomas Brophy shared with you the highlights of our "Roundtabling" program. While I had the pleasure of a recent dinner meeting with a client of many years, I was caught off guard by her lack of knowledge of..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Workers' Compensation Authors: Robert J. Fitzgerald
New Jersey - Workers' Compensation, Key Points: New Jersey WC Law excludes injuries sustained during social activities. However, when employer requires employee participation in social activity, injuries can become compensable...., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Doylestown, Pennsylvania •
Authors: R. Anthony Michetti
Bucks County is one of the five counties in Pennsylvania that make up the Delaware Valley and is one of the three original counties founded by William Penn in 1682. The county seat, Doylestown, has its origin in 1745 when William Doyle obtained a..., Defense Digest, Vol. 15, No. 4, December 2009
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Casualty Samuel Casolari (Akron, OH) obtained summary judgment by Judge John Andrew West in favor of the Fun Factory on claims by the plaintiff that while skating off the rink he slipped and fell on a loose piece of carpet and sustained a right..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: King of Prussia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
John Hare (Philadelphia, PA) succeeded in having the Pennsylvania Supreme Court take the unusual step of granting reargument of its own decision. The Court had previously overruled well-settled Pennsylvania law holding that a nurse is not permitted..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Philadelphia, Pennsylvania •
Practice Areas: Appellate Advocacy and Post-Trial Practice
John Hare (Philadelphia, PA) succeeded in having the Pennsylvania Supreme Court take the unusual step of granting reargument of its own decision. The Court had previously overruled well-settled Pennsylvania law holding that a nurse is not permitted..., Defense Digest, Vol. 15, No. 4, December 2009
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John Hare (Philadelphia, PA) has been appointed to an advisory committee at Duquesne University Law School that will develop and implement an appellate practice curriculum focusing on written and oral advocacy in the state and federal appellate..., Defense Digest, Vol. 15, No. 4, December 2009
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Practice Areas: Product Liability Authors: Keith D. Heinold
At first, product liability law seems simple. Was the product safe? Did some feature of the product, or the absence of a feature, cause the plaintiff's injury? Plaintiffs' counsel always attempt to take advantage of this apparent simplicity when..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Moosic, Pennsylvania •
Practice Areas: Automobile Liability, Product Liability Authors: John R. Nealon
Pennsylvania -- Automobile Liability & Product Liability, Key Points: Pennsylvania statute precludes defendants from offering evidence that plaintiff was not wearing seatbelt at the time of collision. Seatbelt preclusion applies not only to comparative negligence..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Allentown, Pennsylvania •
Practice Areas: Health Care Liability
Pennsylvania - Medical Malpractice, Key Points: Professional Nursing Law does not permit nurses to render medical diagnosis during practice of nursing. Supreme Court concluded that Professional Nursing Law only applies to practice of nursing..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Doylestown, Pennsylvania •
Practice Areas: Aviation and Complex Litigation
Pennsylvania -- Aviation, Key Points: General Aviation Revitalization Act of 1994 provides 18-year statute of repose which begins to run on date aircraft is delivered to first purchaser. Also contains "rolling provision" allowing..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Allentown, Pennsylvania •
Practice Areas: Workers' Compensation Authors: William Z. Scott Jr.
Pennsylvania -- Workers' Compensation, Key Points: Workers' Comp Judge empowered to modify Notice of Compensation Payable to include more serious diagnosis of claimant's back condition, even though petition before him was a Termination Petition and claimant..., Defense Digest, Vol. 15, No. 4, December 2009
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Offices: Mount Laurel, New Jersey •
Practice Areas: Automobile Liability
New Jersey - Automobile Liability, Key Points: Impact on personal injury protection medical expense benefit litigation Options auto insurance carrier has with regard to arbitrator who is not complying with law How to effectively..., Defense Digest, Vol. 15, No. 4, December 2009
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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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