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Defense Digest Article June 1, 2009
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....,   Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Shannon Fellin (Harrisburg, PA) is one of the female lawyers featured in a May issue of Central Penn Business Journal which highlights top female attorneys in the area. Jay Hamad (Roseland, NJ) presented the defense perspective as part of the MRSA..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
The economic slowdown has effected the entire nation and has brought with it sharp increases in the unemployment rate, foreclosures, repossessions, and bankruptcies. The financial hardships many are experiencing have correlated to an increase in..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Pennsylvania - Workers' Compensation , In Mason v. Workers' Compensation Appeal Board (Joy Mining Machinery), 944 A.2d 827, (Pa. Commw. Ct. 2008), the Pennsylvania Commonwealth Court revisited the shifting burdens to suspend or modify benefits when a claimant retires or takes a..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Casualty Brad Remick and Alex Norman (Philadelphia, PA) obtained a unanimous defense verdict in a products liability case before Judge Louis Pollak in the Eastern District of Pennsylvania. The plaintiff claimed that a pneumatic nailer was defective..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Pennsylvalnia - Suit Limitation Clauses , In the recent Pennsylvania Superior Court decision in Prime Medica Assocs. v. Valley Forge Ins. Co., 2009 Pa. Super. 39, __ A.2d __ (Mar. 5, 2009), Pennsylvania's intermediate appellate court overturned a damage award in favor of an insured in..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
New Jersey - Health Care Liability (Affidavit of Merit) , In 2003 the New Jersey Supreme Court decided Ferreira v. Rancocas Orthopedic Assocs., 178 N.J. 144 (N.J. 2003), which has resulted in the withering of the chances of success on an affidavit of merit motion in situations where the plaintiff has..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Pennsylvania -- Health Care Liability , Section 512 of the Pennsylvania Medical Care Availability and Reduction of Error Act (MCARE) was recently at issue before the Supreme Court of Pennsylvania in the case of Gbur v. Golio, 963 A.2d 443 (Pa. 2009), in which the Court affirmed the trial..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
Federal - Premises Liability (Snow & Ice Removal) , In many of the United States, snowfall generally occurs during the winter months. Despite warnings from public safety officials, people travel in snow storms to transact business they deem necessary or desirable. They may slip, fall, and injure..., Defense Digest, Vol. 15, No. 2, June 2009
Defense Digest Article June 1, 2009
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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