Dwoskin, Howard P.

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Updated 10/5/2011

Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut Street

Philadelphia, PA 19103-4797

Phone: work(215) 575-2664

Fax: fax(215) 575-0856

Contact Us

http://www.marshalldennehey.com

Summary
Qualifications
Articles
Office Information

Summary

Current Employment Position(s)

Shareholder; Assistant Director, Casualty Department

Year Joined Organization: 1987

Lawyer Overview

In his role as assistant director of the Casualty Department, Howard works in step with the director managing the administration process, which includes human relations, workflow, attorney productivity, and marketing. He assists in recruiting top talent and building the legal team at multiple levels in the Casualty Department with the ability to identify and maximize the talents of others. His skills as an organizational leader with over 20 years experience enables him to successfully navigate and manage over 180 attorneys.

In addition to his management role, Howard is also the chair of the General Liability Practice Group and co-chair of the Retail Liability Practice Group where he plays a more substantive role in the handling of case files. As an experienced litigator, he has defended hundreds of premises and retail liability claims as well as several complex, high exposure matters on behalf of insurance companies and self-insureds.

Throughout his career, Howard has been frequent lecturer on the topics of the Art of Negotiation, Pennsylvania Premises Liability Laws, and the Pennsylvania Retail Theft Act. He is the co-chair and course planner for the Pennsylvania Bar Institute's Premises Liability seminar "How To Win the Fall Down Case."

A graduate of the University of Pennsylvania with a Bachelor of Arts in Economics, Howard worked for General Electric for two years before enrolling in Villanova University School of Law where he graduated with a J.D. in 1986.

Howard is a big supporter of the arts. He, along with his wife and two daughters, volunteer in community theatre programs for adults and children.

Significant Representative Matters

Ferdinand v. Save-A-Lot/SuperValu, 2008 U.S. Dist. LEXIS 30683 (E.D. Pa. April. 14, 2008). Plaintiff sued Save-A-Lot alleging wrongful detainment for shoplifting. Although the facts bore out that the plaintiff had properly paid for her purchases, the court, nevertheless, granted summary judgment for the defense pursuant to the Pennsylvania Retail Theft Act.

Doylestown Electric Supply Company v. Maryland Cas. Ins. Co., 1996 U.S. Dist. LEXIS, 20599 (E.D. Pa. Dec. 31, 1996). Plaintiff sustained water damage in home due to heavy rains filling drainage system. Court found for defendant stating that, because the damage was caused by both water that backed up from a sewage drain and surface water, the surface water exclusion in the policy allowed insurer to properly deny coverage.

Plaintiff claimed to have tripped and fallen over a bare end cap in a major retail department store. Jury found for the defendant on the basis that the plaintiff failed to prove that the store was negligent.

Plaintiff alleged personal injuries arising out of a dog attack in a public park. Court granted compulsory nonsuit for the defendant under prevailing Pennsylvania statutes and case law.

Intersectional collision between plaintiff's vehicle and defendant's tractor trailer. Jury trial in favor of defendant with no appeal.

Plaintiff fell down residential staircase and suffered brain damage injury. There was a controversy as to plaintiff's mental capacity at time of fall. Due to complexity of case, it was referred to ADR where defense verdict was awarded.

Raimo v. Waddy, 2004 U.S. Dist. LEXIS 20499 (E.D.Pa. Oct. 8, 2004).

Booth v. Black & Decker, Inc., 166 F. Supp. 2d 215 (E.D. Pa. 2001)

Christian v. United States, 1999 U.S. Dist. LEXIS 17381 (E.D. Pa. Nov. 8, 1999)

Fanning v. Black & Decker, Inc., 1999 U.S. Dist. LEXIS 3407 (E.D. Pa. March 18, 1999)

Duffy v. Nationwide Mut. Ins. Co., 1993 U.S. Dist. LEXIS 16197 (E.D. Pa. Nov. 10, 1993)

Kimmel v. Nationwide Mut. Ins. Co., 1992 U.S. Dist. LEXIS 329 (E.D. Pa. Jan 14, 1992)

Pilong v. Rome, 555 Pa. 559 (1999)

Areas of Practice

Premises Liability
Retail Liability

West Practice Categories

Premises Liability -- Defense, Personal Injury -- Defense, Business & Commercial Law

Qualifications

Bar Admissions

Pennsylvania, 1986
U.S. District Court Eastern District of Pennsylvania, 1987

Professional Associations and Memberships

Defense Research Institute
Pennsylvania Association of Defense Counsel - Executive Committee Member
Pennsylvania Bar Association
Pennsylvania Defense Institute
Philadelphia Bar Association

Honors and Awards

AV Peer Review Rating by LexisNexis Martindale-Hubbell

Classes and Seminars

Frequent Lecturer on: The Art of Negotiation, Pennsylvania Premises Liability Laws, and The Pennsylvania Retail Theft Act
Chair and course planner, Mealey's LexisNexis's annual national Retail and Hospitality Law seminar
Chair and course planner Pennsylvania Bar Institute's Premises Liability Seminars

Education

Villanova University School of Law, Villanova, Pennsylvania, 1986
J.D.
University of Pennsylvania, 1981
B.A.
Major: Economics
Minor: English

Articles

Published Works

A Merchant's Guide to Enforcing Pennsylvania's Retail Theft Act, The Pennsylvania Retailer
Pleadings Really Count in Premises Liability, Pennsylvania Law Weekly
Appraising Loss Under Homeowners Insurance Policies, For the Defense
The Superior Court of Pennsylvania Finally Rules on the Necessity of Disclosing Surveillance Videotapes Prior to Trial, Defense Digest
No Blind Man's Bluff; Disabled Store Employee Open & Obvious, Defense Digest
Trivial/DeMinimus Defects Clarified, Defense Digest

Office Information

Address

1845 Walnut Street
Philadelphia, PA 19103-4797

Phones

(215) 575-2664

Faxes

(215) 575-0856

Emails

Websites

http://www.marshalldennehey.com

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