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March 06, 2017 | New Jersey Law Journal

New Partners Yearbook

The attorneys in these pages have earned what one New Jersey firm leader once referred to as, “the badge of partnership.” No matter the size of the office or the compensation package, the badge counts for something.
368 minute read
March 03, 2017 | The Legal Intelligencer

Parental Alienation, Hot Family Law Topics On Monday's 'The American Law Journal'

A judge throws three children into juvenile detention because they refuse to see their father. How should courts handle matters of alleged parental alienation?
7 minute read
February 07, 2017 | Daily Report Online

Atlanta Bar Interns Make Good, Partner Promotions

Cynthia Adams and Darius Pattillo each achieved milestones this year, both in their legal careers and as alumni of the Atlanta Bar Association's Summer Law Internship Program, which connects high school students with summer legal jobs and mentors.
43 minute read
February 02, 2017 | FC&S Insurance

For Insureds and Insurers, Complex Disputes Are Best Left to the Courts

While binding arbitration can provide a convenient forum for specific types of claims, within the ambit of insurance coverage litigation, there are significant…
8 minute read
February 01, 2017 | The Legal Intelligencer

Building Collapse Jury Hits Sal Army With Majority Liability

Jurors on the Salvation Army building collapse case required roughly one hour deliberating for every month that the liability trial lasted to hand up a verdict assigning three-quarters of liability to the religious organization.
12 minute read
January 31, 2017 | The Legal Intelligencer

Emerging 'Common Experience' Limitation Under 'Tincher'

In Tincher v. Omega Flex, 104 A.3d 328 (Pa. 2014), the Pennsylvania Supreme Court jettisoned Azzarello v. Black Brothers, 391 A.2d 1020 (Pa. 1978), leaving in its wake a "composite" theory of products liability. A plaintiff pursuing a products liability claim in Pennsylvania must now advance a theory premised on either various "risk-utility" factors, such as feasibility of an alternative design, or an ordinary consumer's expectations of a product's safety. Consistent with its tone of restraint throughout Tincher, the Supreme Court avoided endorsing a specific set of circumstances under which either theory should (or could) be applied in practice. In the roughly two years since Tincher was decided, however, courts have begun shaping this issue in the context of claims premised on the "consumer expectation" theory. The possibility of a jury's arbitrary deliberations about a complex product's safety has led some courts to impose a "common experience" ­limitation to application of the "consumer expectation" theory at trial: Unless it is proven before trial that a product is within a consumer's common experience, a plaintiff must instead prove her claim using the risk-utility theory. This emerging trend will have consequences for how parties prepare and try a products liability claim in Pennsylvania.
14 minute read
January 27, 2017 | The Legal Intelligencer

Duty to Protect Patrons Does Not Extend to Roadway Dangers

A business does not have a duty to protect invitees against the dangers on adjoining roadways, the Pennsylvania Superior Court has ruled in an issue of first impression.
8 minute read
January 26, 2017 | The Legal Intelligencer

For Insureds and Insurers, Complex Disputes Are Best Left to the Courts

While binding arbitration can provide a convenient forum for specific types of claims, within the ambit of insurance coverage litigation, there are significant pitfalls to both insureds and insurers when arbitration is chosen as the dispute resolution forum as opposed to nonbinding mediation or court proceedings. In this article, it is assumed that the parties have unsuccessfully attempted nonbinding mediation and are now faced with the decision of where to prosecute their claims. At least with respect to complex insurance coverage disputes, courts typically represent a superior choice in four key respects: lower comparative total costs; uncompromised resolution on the merits; predictability; and guaranteed appellate review.
15 minute read
January 03, 2017 | New Jersey Law Journal

On The Move

Judge Conte Joins Conte Clayton and Austin in Midland Park. Retired Judge Jerome St. John Joins Chiesa Shahinian as Of Counsel. Caamaño and Loughlin Join Weber Gallagher's Warren Office.
10 minute read
December 19, 2016 | The Legal Intelligencer

Opioids, Workers' Comp 'Reform' Attempts On Monday's 'The American Law Journal'

Are opioid drugs, big business and an outdated system killing workers' comp?
4 minute read

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