LUCAS AND CAVALIER, LLC
Legal Counsellor
Fall 2008                                          

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Welcome to LUCAS and CAVALIER, LLC

 

We hope you enjoy our Fall Newsletter.  This edition summarizes several interesting cases which should pique the interest of our rather diverse client base.  We are also taking the opportunity to acknowledge the recent achievement of our partner, Matthew S. Marrone related to the Pennsylvania Superior Court upholding a favorable jury verdict (summarized below) he received last year for the defense in a sailboat accident case.
 
We hope you enjoy this edition and we invite you to share it with others who might be interested.
 

Robert M. Cavalier,

Managing Partner
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Matthew M. MarroneSuperior Court of Pennsylvania Affirms Jury Verdict in Favor of Both Sailboat Owner and Operator in Traumatic Head Injury Case

 
             On June 24, 2008, the Superior Court of Pennsylvania affirmed the March 23, 2007 jury verdict entered in the Court of Common Pleas of Chester County, Pennsylvania, in favor of both defendants (represented by the author) on the issue of negligence in the case of Lepone v. Brown, Docket No.: 2261-EDA-2007.  In rendering its 20-page opinion, the Superior Court interpreted several navigational rules and issues which were directly relevant to the claims and defenses in the case.  Full Story

Robert CavalierIndeterminate Defect - Easy for a New Jersey Plaintiff to Reach the Jury

By: Robert M. Cavalier

           
The appellate division in New Jersey recently reaffirmed the "Indeterminate Product Defect Test."  This doctrine is akin to the negligence concept of res ipsa loquitor which in essence lowers the level of proof a plaintiff must come forward with to defeat a summary judgment application.   Full Story
Matthew S. Marrone

  Battle Brewing Over New Jersey's Harsh Legal Malpractice Climate
 

By:  Matthew S. Marrone

 

             In 1996 the Supreme Court of New Jersey rendered its opinion in the case of Saffer v. Willoughby, 670 A.2d 527 (N.J. 1996).  This landmark fee-shifting decision dramatically changed the legal malpractice climate in New Jersey, and over the ensuing twelve years the Garden State has become arguably the most difficult in the nation for attorneys and their insurers to defend malpractice claims.  At long last, however, a movement to reverse this onerous rule is gaining widespread momentum.   Full Story

Volume 1  Issue: 2
In This Issue
Superior Court of Pennsylvania Affirms Jury Verdict in Favor of Both Sailboat Owner and Operator in Traumatic Head Injury Case
Indeterminate Defect - Easy for a New Jersey Plaintiff to Reach the Jury
Battle Brewing Over New Jersey's Harsh Legal Malpractice Climate
"Voice of God" Sacks NFL - Play Under Review by Third
No Reimbursement of Defense Costs for Liability Insurer While Defending Insured Under Reservation of Rights

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Dan Strick

"Voice of God" Sacks NFL - Play Under Review by Third Circuit
 
By: Daniel S. Strick

 

 
       John Facenda, Sr. (deceased) was the narrator of NFL Films' game footage and highlight reels.  Facenda's voice is immediately recognizable by all football fans and sports fans.  His voice has been described as legendary and he has been referred to as the "voice of God".  In 2005 NFL Films created a twenty-two (22) minute production called "The Making of Madden NFL 2006" ("video") about the Electronic Arts video game Madden NFL 2006.  The video used thirteen (13) seconds of Facenda's recorded voice.  The remaining portions of the video is comprised of endorsements of the game by NFL players and interviews with the game's creators describing efforts to make the video game look real.  
Full Story
John A. CarletonNo Reimbursement of Defense Costs For Liability Insurer While Defending Insured Under Reservation of Rights
 

By:  John A. Carleton

 

     On an issue of first impression, the Superior Court of Pennsylvania has held there is no reimbursement of defense costs for a liability insurer defending an insured under a reservation of rights letter, absent a provision in the insurance policy allowing for such reimbursement.   Full Story

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