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Pennsylvania Causes of Action, 7th Edition

  • ID: 4702449
  • Book
  • Region: United States
  • 354 Pages
  • ALM Media, LLC
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"As a general practitioner for 39 years, “jack of all trades and master of none” is an understatement.  I use Pennsylvania Causes of Action regularly for a quick and convenient refresher on options available as I evaluate the factual nuances of new cases that come in. It is a good initial reference source and I have referred it to many others." - Luther (Chip) Milspaw, The Law Offices of Luther Milspaw, Harrisburg, PA

"This is a book that every young Pennsylvania plaintiff's lawyer should reference when drafting a complaint. The elements of each cause of action are set forth in such a way to serve as a road map for pleading facts necessary to prove your case." - Michael P. Kane, Esq., Rizio, Hamilton & Kane, P.C., Philadelphia, PA

Pennsylvania Causes of Action is a unique and indispensable working resource for any law office. It sets forth theories of recovery under Pennsylvania law, provides defenses, applicable statutes of limitation and tables of authorities. The authors – highly regarded and experienced practitioners – have contributed explanatory notes for many of the sections.

An excellent attorney desk reference for practically any client matter. Ideal for law libraries.

Pennsylvania Causes of Action will help attorneys distill concepts and simplify the process of drafting initial pleadings.
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Summary of Contents
Chapter 1: Agency or Fiduciary Based Causes of Action......................1
Chapter 2: Attorney and Legal Services Causes of Action....................7
Chapter 3: Banking, Commercial Paper.................................................11
Chapter 4: Constitutional Causes of Action..........................................17
Chapter 5: Contract or Quasi-Contract Causes of Action...................23
Chapter 6: Corporate- and Partnership-Based Causes of Action.......57
Chapter 7: Damage Related Causes of Action......................................71
Chapter 8: Employer and Employee-Based Causes of Action............75
Chapter 9: Equitable Causes of Action..................................................91
Chapter 10: Family and Matrimonial Causes of Action......................97
Chapter 11: Insurance Based Causes of Action..................................111
Chapter 12: Judicial Based Causes of Action......................................119
Chapter 13: Real Property Causes of Action.......................................137
Chapter 14: Statutory Causes of Action...............................................149
Chapter 15: Tort Causes of Action........................................................159
Chapter 16: Trust & Estate Causes of Action......................................205
Chapter 17: Defenses..............................................................................211
Table of Statutes.......................................................................................225
Table of Cases..........................................................................................233
Index.........................................................................................................263
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Joel Feldman
Joel Feldman is the Managing Partner of Anapol Weiss, as well as an active trial attorney.  He is proud to have participated in the firm's successes in the past and to have helped the firm earn its reputation for excellence.  His clients are unanimous in their appreciation for his hard work, as well as his compassion and concern for their interests.

He has represented a number of individuals in a wide variety of personal injury actions, as well as securities litigation and stockbroker claims.  His personal injury practice includes cases arising from dangerous products and construction site accidents, nursing home neglect, dangerous conditions on properties, automobile and truck accidents, medical and dental malpractice, and alcohol-related accidents. He received his Bachelor's degree from University of Vermont in 1976 and his law degree from Villanova University School of Law in 1981.

Also by Joel Feldman :
Library of Pennsylvania Personal Injury Forms, 5th Edition
 Gaetan J. Alfano, EsqPietragallo Gordon Alfano Bosick & Raspanti GAETAN J. ALFANO is a partner with Pietragallo Gordon AlfanoBosick & Raspanti, LLP, where he serves as Co-Chair of the Litigation Practice Group. He is also a member in the Employment & Labor Practice Group.

Mr. Alfano is consistently recognized as a top commerciallitigator by his peers. He has extensive trial and appellate experience incommercial and employment disputes, insurance insolvency and receivership law,as well as complex white collar criminal defense. He has tried hundreds ofcases to verdict in both federal and state courts.

As an insurance insolvency practitioner, Mr. Alfano tried areinsurance recovery case against GTE Reinsurance Company, Limited on behalf ofthe Pennsylvania Insurance Department as Rehabilitator for the Mutual Fire, Marineand Inland Insurance Company. The case resulted in a post-trial settlement of$44.9 million, which at the time, was the largest reinsurance recovery inPennsylvania history. 

Mr. Alfano represented the Delaware Insurance Commissioneras Receiver for National Heritage Life Insurance Company, where he wasresponsible for prosecuting a variety of professional liability and assetrecovery actions. For over a decade, he represented the Pennsylvania InsuranceDepartment as Liquidator for both Legion Insurance and Villanova InsuranceCompanies, a $3 billion insolvency.
In September 2010, the United States District Court for theEastern District of Pennsylvania appointed Mr. Alfano as counsel for aSecurities Exchange Commission Receiver in a nationwide Ponzi scheme, SEC v.Robert Stinson, Jr., et al.. In this role, Mr. Alfano tried to verdict aprivate contribution claim under Section 10(b) of the Securities Exchange Actagainst an international ratings agency.
Mr. Alfano has also defended public entities, businesses,and corporations in a variety of commercial and employment matters. In a recentemployment case, he represented a law firm sued by a gay associate inPennsylvania state court and received a unanimous defense verdict from the jury.

Mr. Alfano is heavily involved in community service. As a member of the Justinian Society, a group of Italian American lawyers and judges, he has held a number of offices, including Treasurer of the Justinian Foundation, the charitable arm of the Society. He also serves on the Board of Directors of the Global Philadelphia Association; Philadelphia VIP; the Public Interest Law Center of Philadelphia; and the Philadelphia Bar Foundation. Ronald J Shaffer, EsqA seasoned trial lawyer, Ron has represented clients in state and federal courts across the country. He is adept at successfully managing client interests both in and out of a courtroom and has significant experience in alternative dispute resolution. Ron has represented clients ranging from Fortune 100 companies with international operations in complex commercial disputes to family-owned businesses with regional operations.

Ron handles a broad range of commercial litigation matters, including various types of intellectual property disputes, trade secrets, securities, class actions as well as corporate and shareholder disputes.

Some of his recent matters include:

  • Representing Schering-Plough Healthcare Products, Inc. in a false advertising suit in federal court in Delaware
  • Representing Provider Synergies in federal court in West Virginia on claims for misappropriation of trade secrets brought against a competitor
  • Representing Lannett Company in federal court in Utah in a patent infringement and Lanham Act case
  • Representing Quaker Chemical Corporation in restrictive covenant and misappropriation of trade secrets cases in federal courts in Ohio and Pennsylvania
  • Representing SR Utility Holding Company in a minority shareholder claim in federal court in New Jersey
  • Representing Schering-Plough in a breach of a pharmaceutical distribution agreement claim before the American Arbitration Associations International Centre for Dispute Resolution
  • Representing InterState Net Bank in a trademark infringement suit in federal court in New Jersey
  • Representing Chase Home Finance, LLC against claims under the Fair Credit Reporting Act and Fair Debt Collection Practices Act in federal and state courts in Pennsylvania
  • Representing Acxiom Direct Media, Inc. in breach of contract and unfair trade practices claims in federal court in Pennsylvania
  • Representing estate beneficiaries in removal and surcharge proceedings in Pennsylvania state court against the executors of an estimated $50-million-plus estate of the deceased owner of multiple office and commercial buildings in the City of Philadelphia for self-dealing and breach of fiduciary duty

Ron is a former chair of the firms Litigation Department (2001 to 2007) and has served on the firms Executive Committee. 

David J. Carney
David J. Carney joined Anapol Weiss in 2010 as an associate in the firm’s Toxic Tort and Medical Malpractice Departments. In that time, he has zealously and successfully advocated for the rights of injured victims in a variety of complex matters, including products liability, medical malpractice,benzene exposure, toxic torts, asbestos exposure, premises liability, motor vehicle accidents, dram shop, vaccine injury compensation, mass torts and class actions.

David was selected for inclusion in the 2015 and 2016 New Jersey and Pennsylvania editions of Super Lawyers®Rising Stars, a distinction given to only 2.5% of lawyers who are either under 40 years old or in practice for less than 10 years.

David was also named as a member of The National Trial Lawyers: Top 40 Under 40 in Pennsylvania. This professional organization is composed of the top trial lawyers under the age of 40 who exemplify superior qualifications, leadership and trial results in their specific state or region.

During his time at Anapol Weiss,David has played an integral role in obtaining multi-million dollar verdicts for his clients that have been injured as a result of a physician’s medical negligence. Along with Lawrence R. Cohan, Esquire, David has helped obtain a $1.9 million verdict in Philadelphia County, Pennsylvania for the estate of a pregnant mother, whose pneumonia was misdiagnosed upon her presentation to the emergency room, resulting in her death, leaving behind two young children. He also played a critical role in obtaining a $1.1 million verdict in Cumberland County, New Jersey for the estate of a father, who presented to the emergency room with symptoms of a pulmonary embolism that was misdiagnosed and consequently led to his death.

David is an active member in the Vaccine Injury Petitioner’s Bar Association that advocates for the rights of victims who have been injured as a result of a vaccination. In addition, David is intimately involved with the Young Lawyers Division of the U.S. Court of Federal Claims in Washington, D.C., the court where all of the vaccine cases are adjudicated. Outside of vaccine litigation, David is an active member of the American Association for Justice, the Pennsylvania Association for Justice,the Philadelphia Bar Association and the Philadelphia Trial Lawyers Association. Finally, he is also an author of The Legal Intelligencer’s Pennsylvania Causes of Action, First, Second, Third and Fourth Editions, which serve as a quick starting point for any case containing Pennsylvania civil actions. The books compile outlines and index theories of recovery under Pennsylvania law and provide defenses and applicable statutes of limitation with tables of authorities.

David earned his Bachelor of Arts Degree in Political Science from the Pennsylvania State University while also obtaining a minor in Business Law.  David then went on to earn his law degree from Widener University School of Law, now the Delaware Law School,where he was a recipient of the Widener Scholar scholarship. While in law school, David was a member of The Widener Law Review for two years and served on the editorial board during his third year. He currently serves as a mentor in the Widener Law Mentoring Program, which mentors current law students regarding law school and the role of lawyers and judges in the profession.

Prior to joining Anapol Weiss, David served as a judicial law clerk intern to the Honorable Allan L. Tereshko in the First Judicial District in the Philadelphia County Court of Common Pleas, Civil Trial Division.

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