Recently, the Pennsylvania Supreme Court had occasion to analyze the interplay between the rescue doctrine and the doctrine of superseding cause. The rescue doctrine provides it is not contributory negligence for a plaintiff to expose himself to...
Recently, the Pennsylvania Supreme Court had occasion to analyze the interplay between the rescue doctrine and the doctrine of superseding cause. The rescue doctrine provides it is not contributory negligence for a plaintiff to expose himself to...
In an en banc decision issued on September 28, 2012, the Superior Court reversed previous case law and held that a defendant is no longer entitled to a credit against a verdict for any UIM benefits a plaintiff might have received prior to trial....
In Harleysville Ins. Co. v. Rode’s Fireside Restaurant & Tavern , the New Jersey Superior Court, Appellate Division, in an unpublished decision 1 , held that a general liability insurer had a duty to defend its insured, a tavern, in connection...
In 2010 a report by the Therapeutic and Technology Assessment Subcommittee of the American Academy of Neurology concluded that use of a TENS unit was ineffective in the treatment of chronic low back pain, which was defined as back pain lasing three...
Section 306(c) of the Pennsylvania Workers’ Compensation Act (Act), 77 P.S.§513, directs that compensation shall be payable for disability as a result of the permanent loss of various body parts. The subsections of Section 306(c) then describe...
In Rabovsky v. Foster Wheeler, LLC , a case recently decided by the United States District Court for the Eastern District of Pennsylvania, the plaintiff, Rabovsky, alleged that while working as an independent contractor at an industrial plant Doe...
Venue can often mean the difference between a win and a loss, or a six-figure case and a seven-figure case. When the case can be moved to a better venue, in most instances it should. Knowing that, the plaintiffs’ bar have developed a variety of...
Whether a contractor is acting as a prime contractor (having a contract with the project owner) or a subcontractor, contractors are often presented with a contract to sign with little or no opportunity to change its terms. Even if the contract makes...
In Mangual v. Berezinsky, the New Jersey Superior Court, Appellate Division, held that whether a limousine driver was acting as an agent for the party that hired him was an issue of fact for the jury. The plaintiffs were injured when they were struck...
It’s not the law where people collaborate. That would be too easy. Rather, collaborative law is a process used in lieu of traditional family law litigation, wherein the parties agree to each hire a specially trained attorney and use a series of...
In the matter of Mertzig et al. vs. Robert E. Booth Jr., et al., United States District Court for the Eastern District of Pennsylvania (April 25, 2012, Savage, J), the court addressed whether a plaintiff who sought to use expert testimony to prove...
In 2008, the Pennsylvania Rules of Civil Procedure concerning Professional Liability Actions were amended raising new considerations in the defense of these actions. Specifically, Rules 1042.6 and 1042.7 were amended to require a Defendant seeking ...
The issue of liability related to cellular telephone usage while driving has been the focus of several recent decisions in multiple forums. We previously highlighted the decision by a Pennsylvania Court of Common Pleas judge in Xander v. Kiss , who...
In a matter of first impression, the New Jersey Superior Court, Appellate Division, held that the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 was broad enough to include as damages the amount of an heir’s loss of a prospective inheritance resulting...
In Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC , the Pennsylvania Superior Court, in a published decision, held that “misleading conduct” was sufficient to impose liability under the Pennsylvania Unfair Trade Practices and Consumer...
Attorneys Matthew K. Mitchell and Marc R. Jones of Cipriani & Werner’s (C&W) Marlton, New Jersey, office obtained summary judgment and a dismissal of all claims with prejudice for their carrier client in an uninsured/underinsured motorist (UM/UIM)...
Attorney Stephen H. Franko, IV, of the Scranton office of Cipriani & Werner, P.C., recently removed a client, a municipality, from liability for a premise claim by successfully arguing a Motion For Summary Judgment. The matter involved two separate...
Many factors can delay the ultimate resolution of a case, not least of which is the backlog of cases in many Pennsylvania courts. It is not uncommon to see cases tried in 2012 that arise out of incidents occurring five or more years prior....
When can a person be in their own home, alone, with the windows and doors closed and have a limited expectation of privacy? It may sound like the beginning of law school exam question, but this is something we must think about daily. The answer is...
The Commonwealth Court of Pennsylvania has held that a determination of certain treatment in the nature of prescription medications being not reasonable or necessary medical treatment is irrelevant in determining whether an injured worker’s death was...
On April 3, 2012, West Virginia Governor Earl Ray Tomblin signed two separate bills that affect drivers on West Virginia roads and their insurers. One bill prohibits texting and limits the use of cell phones while driving, while the second bill...