Dwoskin, Howard P.

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Updated 4/3/2009
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Marshall, Dennehey, Warner, Coleman & Goggin

1845 Walnut Street

Philadelphia, PA 19103-4797

Phone: (215) 575-2664

Fax: (215) 575-0856

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Summary

Current Employment Position(s)

Shareholder; Assistant Director, Casualty Department

Year Joined Organization: 1987

Lawyer Overview

As Assistant Director of the Casualty Department, Howard oversees in excess of 160 attorneys divided into 11 practice groups and located throughout 18 offices. He manages the administration process which includes human relations, workflow, attorney productivity, and marketing. He ensures that client guidelines are adhered to, conducts audits, and reviews attorney files. In addition, Howard directly interfaces with existing and prospective clients to ensure satisfaction and develops new business opportunities.

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.

An attorney for over 20 years, Howard has defended hundreds of premises and retail liability claims on behalf of insurance companies and self-insureds. In addition to his management roles, Howard does maintain a caseload. He regularly handles complex and high volume cases for several carriers and self-insured retailers.

Howard is a frequent lecturer on the topic of the Art of Negotiation, Pennsylvania Premises Liability Laws, and the Pennsylvania Retail Theft Act. He is the Chair and course planner for Mealey's LexisNexis's national Retail and Hospitality Law seminar and for the Pennsylvania Bar Institute's Premises Liability seminars.

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

    Next: Qualifications

    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
    Prev: SummaryNext: Articles

    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
    Prev: QualificationsNext: Office Info

    Office Information

    Address

    1845 Walnut Street
    Philadelphia, PA 19103-4797

    Phones

    (215) 575-2664

    Faxes

    (215) 575-0856

    Emails

    Contact Us

    Websites

    http://www.marshalldennehey.com

    Prev: Articles

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