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Pennsylvania Commercial Litigation – Defense Award
6/22/2010
In Carneys Point Metal Processing, Inc. v. RECO Constructors, Carboline Company, and Stone & Webster, Inc. , John C. McMeekin II and John Ehmann obtained a defense arbitration award on behalf of RECO Constructors and Stone & Webster, Inc. in a commercial dispute pending in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). Additionally, they secured an award of approximately $300,000 on RECO’s counterclaim against Carney Point Metal Processing.
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Transportation Law Update – Connecticut - Your Driver is Your Best Man
5/18/2010
Gary N. Stewart successfully obtained a favorable decision in Connecticut for Rawle & Henderson's trucking company client because testimony by the truck driver permitted careful analysis of the physical damage to the vehicles and disputed plaintiff's account of the accident.
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Rawle's Report - Employment Law - Electronic Privacy
5/17/2010
The issue as to whether employers may review and monitor private emails, web histories and other electronic communications of employees on company issued computers, cell phones, pagers and the like has been the subject of much debate. This article will review several aspects of this issue and explore the responsibility of management to prevent misuse of company resources; the privacy concerns of employees whose communications may be monitored; what relevance it all has to the day-to-day operations of a business and compliance with state and federal laws.
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Defense Verdict in Oral Surgery Malpractice Case
5/13/2010
Robert A. Fitch, resident partner in Rawle & Henderson’s New York office, recently obtained a defense verdict in an eight day oral surgery malpractice case before a jury in the New York State Supreme Court in Brooklyn.
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Defense Verdict - Dorothy Brannum v. J.B. Hunt Transport, Inc., et al.
5/11/2010
Rawle & Henderson partner Robert A. Fitch, along with associate Jared R. Cooper, recently obtained a defense verdict on behalf of J.B. Hunt Transport, Inc. after a two-day trial in Brooklyn, New York. Interestingly, the plaintiff was demanding $850,000 for a settlement.
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Environmental Law -- Class Actions
4/27/2010
In times of economic crisis and property foreclosures, the free flowing transaction of real estate is constrained. While this truism can be attributed to a myriad of economic factors unrelated to environmental conditions, litigants are now seeking to recover monetary damages for diminished property value and delayed sales premised on the mere possibility of future damages or harms resulting from subjective concerns over environmental contamination.
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PENNSYLVANIA - No Jackpot
3/19/2010
Juries in a liberal venue can value cases based on their merits.
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Maritime – Defense Verdict
3/11/2010
After a four day jury trial in New Jersey federal court involving a lawsuit filed by longshoreman Raymond Evans and his wife against the owners of the LOMBOK STRAIT for injuries Evans allegedly sustained while loading containers aboard the LOMBOK STRAIT, Carl D. Buchholz, III obtained a defense verdict in favor of the shipowner.
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Defense Verdict in Philadelphia County Jury Trial
2/28/2010
James R. Callan of Rawle & Henderson recently obtained a defense verdict after a two day jury trial in the Court of Common Pleas of Philadelphia County, Pennsylvania.
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Defense Verdict In Peritoneal Mesothelioma Trial In Philadelphia County
2/27/2010
Rawle & Henderson LLP Partner Kevin E. Hexstall and Counsel Scott F. Griffith secured a defense verdict on behalf of Honeywell International, Inc, successor in interest to Bendix, in a peritoneal mesothelioma case tried before a jury of seven women and one man. The trial was presided over by the Honorable Stephen E. Levin in the Philadelphia Court of Common Pleas.
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Transportation Law Update - PENNSYLVANIA - Driver Duty to Secure Load
1/31/2010
A recent Memorandum decision by U.S. District Judge Sylvia H. Rambo of the U.S. District Court for the Middle District of Pennsylvania (Harrisburg), reaffirmed the duty of the driver and carrier to secure a load.
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Product Liability Defense Verdict
12/21/2009
John J. Snyder and Tara Gill Nalencz, recently obtained a defense verdict in an eleven day products liability trial before the Honorable Nitza I. Quinones Alejandro in the Philadelphia Court of Common Pleas. The gravamen of Plaintiff’s claims was that the product was defective as designed and failed to contain adequate warnings/instructions regarding its use. Prior to trial, the plaintiff’s demand was $12 million. Defendant made no settlement offer.
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Transportation Law Update – Announcements
12/21/2009
Rawle & Henderson CMV attorneys provide our clients with updates on the latest legal issues through a series of seminars, webinars and publications. Listed below are recent CMV attorney events:
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Transportation Law Update - Pennsylvania Defense
11/29/2009
On June 4, 2006, plaintiff, Yvonne Sharrow, had just left her parents’ home in Nescopeck, PA after picking up her two young daughters. She was traveling down Nescopeck Mountain (State Route 93 South) when she rounded a curve at the bottom, entered a straightaway, and collided with the right rear passenger side of a 36 foot, fifth wheel camper being towed by defendant, Jules Roy. The impact was so forceful that it caused the trailer to overturn.
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Successful Defense Of Architectural Firm In NY Arbitration
11/25/2009
Anthony D. Luis, an associate in Rawle & Henderson’s New York office, successfully obtained a favorable decision for our client, an architectural firm specializing in high-end apartment renovations in New York City.
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Defense Verdict
11/17/2009
Rawle & Henderson's Pittsburgh resident partner Keith Mulvihill along with Susan Kostkas recently obtained a defense verdict in the Court of Common Pleas of Allegheny County, Pennsylvania in favor of our client, a national retail cleaning company.
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Transportation Law Update – New York -Beware of the Workers’ Compensation Trap
11/2/2009
Ordinarily, an employer’s liability for an on-the-job injury is limited to workers’ compensation benefits. However, like almost every other rule in the law, there is an exception to this rule in the State of New York.
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Rawle's Report - Bad Faith Summary Judgment
10/30/2009
Rawle & Henderson Secures Summary Judgment for Client in the case of James L. Brown and Sandra Brown v. Great Northern Insurance Co., No. 3:07-cv-0322, M.D. Pa., Rawle & Henderson partners, Tom Kuzmick, Cathy Walto and Fred Buck, successfully obtained summary judgment in favor for Great Northern Insurance Company (“GNIC”).
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FELA cannot pierce SEPTA immunity
8/26/2009
On June 10, 2009, an en banc panel of the Commonwealth Court in Davis v. SEPTA No. 250 C.D. 2009 (Cmwlth 2009), ruled that SEPTA is a Commonwealth entity entitled to the Commonwealth’s sovereign immunity and, therefore, is immune from lawsuits brought by SEPTA railroad employees under the Federal Employers Liability Act (“FELA”). Rawle & Henderson partner Carl D. Buchholz, III represented SEPTA in this case and argued the appeal before the Commonwealth Court.
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Rawle's Report New York Insurance Law
8/4/2009
On January 17, 2009, significant changes went into effect in New York's Insurance Law that will effectively remove some of these protections and will have a major impact on insurers' ability to disclaim untimely claims.
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Summary Judgment Granted to Engineer in Property Damage Case
7/29/2009
Robert A. Fitch, resident partner in Rawle & Henderson's New York office, successfully obtained a summary judgment for a major insurance company's insured, an engineering company.
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Defense Verdict in Philadelphia County Trip and Fall Case
5/22/2009
Rawle & Henderson Partner Daniel J. Rucket recently obtained a defense verdict after a six day jury trial in the Court of Common Pleas of Philadelphia County, Pennsylvania.
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Rawle & Henderson Secures Summary Judgment For Drug Manufacturer
5/17/2009
Charles A. Fitzpatrick, III and Arthur B. Keppel of Rawle & Henderson LLP, national counsel for Apotex, Inc. and Apotex Corp., a manufacturer and distributor of generic pharmaceuticals, obtained summary judgment in a case pending in the Eastern District of Louisiana in New Orleans.
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Rawle & Henderson Secures Summary Judgment for Client
5/4/2009
In the case of James L. Brown and Sandra Brown v. Great Northern Insurance Co., No. 3:07-cv-0322, M.D. Pa., Rawle & Henderson partners, Tom Kuzmick, Cathy Walto and Fred Buck, were successful in securing summary judgment in favor of Great Northern Insurance Company (GNIC).
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Appellate Law / Employment Law: New Jersey Appellate Division Reverses Judgment for Plaintiff
5/1/2009
Carianne P. Torrissi, an Associate in Rawle & Henderson's Philadelphia office, recently obtained a reversal of a trial court judgment in favor of plaintiff, and an entry of judgment in favor of defendant, from the Appellate Division of the Superior Court of New Jersey.
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Transportation Law Update Volume 10, Number 5
4/22/2009
RHODE ISLAND
“He Said, She Said”...
By: Gary N. Stewart
A recent trial in Rhode Island which resulted in a favorable verdict for the Firm's trucking company client because photos taken by the truck driver permitted careful analysis of the physical damage to the vehicles during trial and disputed plaintiff's account of the accident.
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Expedited Judgment on Contract in Commercial Case
4/16/2009
Robert A. Fitch, resident partner in Rawle & Henderson’s New York office, recently won an expedited judgment on a promissory note. The defendant, a land developer, had defaulted on a promissory note to our client, an environmental engineer. After several years of making excuses, our client finally retained Bob Fitch to protect their interests. Rather than proceeding to depositions and ordinary (and lengthy) discovery procedures, we instead moved for summary judgment in lieu of complaint.
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RAWLE'S REPORT
4/15/2009
EMPLOYMENT LAW - AMERICANS WITH DISABILITIES ACT
by: Madeline S. Baio
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Defense Verdict in Oral Surgery Malpractice Case
3/28/2009
Robert A. Fitch, resident partner in Rawle & Henderson’s New York office, recently won a defense verdict in a six day oral surgery malpractice trial before a jury in the New York State Supreme Court in Manhattan. The lawsuit involved confirmed paresthesia (numbness) in plaintiff’s face due to an allegedly negligently placed implant.
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Defense Verdict in Medical Malpractice Case
3/24/2009
Charles A. Fitzpatrick, III, Of Counsel in Rawle & Henderson’s Philadelphia office recently won a defense verdict in a ten day medical malpractice case before a jury in the Court of Common Pleas of Philadelphia County.
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Top Bankruptcy Lawyer 2008
1/27/2009
Gary F. Seitz was recognized as one of the top bankruptcy lawyers by The Deal for new assignments of the largest bankruptcy cases filed in 2008, Jan 1- Dec. 31, 2008.
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Defense Verdict in Construction Defect Action
1/26/2009
Daniel J. Rucket a partner in Rawle & Henderson’s Philadelphia office recently obtained a defense verdict in a six day construction defect trial in the Court of Common Pleas of Bucks County, Pennsylvania.
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Summary Judgment for Doctor !
1/1/2009
Judge Gary F. DiVito, of the Court of Common Pleas of Philadelphia County, granted the defendant physician’s Motion for summary judgment and dismissed plaintiff’s medical malpractice action with prejudice. Edward C. Mintzer, Jr. and Vicky P. DeShong, successfully defended the case on behalf of Edouard Misse, M.D.
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Rawle & Henderson LLP Attorneys Instrumental in Landmark Decision Upholding Federal Preemption Defense for Prescription Drug Manufacturer
7/2/2008
Rawle & Henderson LLP attorneys, Charles A. Fitzpatrick, III and Arthur B. Keppel, are national counsel for Apotex, a generic drug manufacturer in the Paxil litigation. Their strenuous defense has resulted in a landmark ruling by the Third Circuit Court of Appeals that product liability suits against prescription drug manufacturers alleging failure to warn are barred by the principle of preemption when the warnings proposed by plaintiff have been found by the FDA to be “without scientific basis”.
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Philadelphia Jury Returns Defense Verdict in Medical Malpractice Case
6/7/2008
John J. Snyder and Mary Ann Capriotti of Rawle and Henderson LLP recently obtained a defense verdict in a medical malpractice action in the Philadelphia County Court of Common Pleas.
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Defense Verdict in Medical Malpractice Death Case
6/5/2008
Charles A. Fitzpatrick, III of Rawle and Henderson LLP recently obtained a defense verdict in a four day medical malpractice trial in the Philadelphia County Court of Common Pleas.
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Dattner vs. A national overnight delivery company
1/17/2008
Dattner vs. A national overnight delivery company - motor vehicle v. pedestrian intersection accident . Venue- Philadelphia County
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Rawle & Henderson Represents National Hockey League Insurer in New Jersey Supreme Court Victory
10/31/2007
In October 2007, the New Jersey Supreme Court refused to hear the Appeal of Vladimir Konstantinov, Viacheslav Fetisov, and Sergei Mnatsakanov of a New Jersey Appellate Court’s decision affirming summary judgment on behalf of all insurers in the matter of Fetisov, et al v. Vigilant Insurance Co., et al; A-0828-04T2. The matter was litigated on behalf of Rawle & Henderson by John T. Donovan, a partner in the Firm's New Jersey’s office on behalf of Royal Insurance, one of the carriers involved, and effectively ended a six year battle in favor of our client in one of the largest coverage cases in the history of New Jersey.
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Appellate Law -- Verdict For Plaintiffs Vacated
10/17/2007
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Philadelphia Jury Returns Defense Verdict In Non-Occupational Asbestos Exposure Case
2/12/2007
Rawle & Henderson LLP is pleased to report that John C. McMeekin II and Kevin Hexstall won a hotly contested defense verdict in favor of Honeywell International, Inc. in the matter of The Estate of Allen Stafford v. Honeywell International, Inc..
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Ann-Michele G. Higgins argued before the United States Supreme Court
1/9/2007
January 2007
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Defense Verdict
5/22/2006
Bill Cattie obtained a defense verdict after three day jury trial in the Superior Court of Delaware.
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Daniel J. Rucket wins defense verdict at binding arbitration
4/18/2006
Daniel J. Rucket, a partner in Rawle & Henderson’s Philadelphia office, obtained a defense verdict in construction accident case in a binding high/low arbitration before former Judge Edwin Naythons at ADR Options in Philadelphia, Pennsylvania.
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Defense Verdict
3/6/2006
John T. Donovan, obtained a defense verdict on behalf of Target Corporation after a two week jury trial before the Honorable Judge Greg Smith in the Court of Common Pleas in Philadelphia County.
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2/27/2006
John McMeekin and Linda Dobbins recently completed a trial on behalf of Honeywell International Inc. in which the Plaintiff alleged that he had contracted malignant mesothelioma as a result of occupational exposure to asbestos during his employment at the Philadelphia Naval Shipyard while working with and around brakes and clutches.
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Defense Verdict in Est. of Luther Swaringen v. Honeywell International, Inc.
2/14/2006
John McMeekin and Derek Sandler won a defense verdict in favor of Honeywell International, Inc. in the matter of Est. of Luther Swaringen v. Honeywell International, Inc. pending in the Court of Common Pleas, Philadelphia County.
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Defense Verdict
2/7/2006
By John H. McCarthy & Kevin Hexstall
Following a week long trial, a Philadelphia jury decided that our client, a 500 store chain of food markets, was not negligent in the maintenance of its store and rendered a defense verdict.
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2/7/2006
Ann-Michele G. Higgins, a partner in the maritime group, along with Angela Heim and Diane B. Carvell, successfully pettioned the Third Circuit Court of Appeals on behalf of a P&I Club and its shipowner.
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