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Practice Area Articles

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Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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..., Defense Digest, Vol. 15, No. 3, September 2009
Defense Digest Article September 1, 2009
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..., Defense Digest, Vol. 15, No. 3, September 2009
Defense Digest Article September 1, 2009
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..., Defense Digest, Vol. 15, No. 3, September 2009
Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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
Defense Digest Article September 1, 2009
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..., Defense Digest, Vol. 15, No. 3, September 2009

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