C&W Journal

June 15, 2020

COVID-19: The Passage of HR 836 of 2020 and Uncertainty

On June 9, 2020, the Pennsylvania General Assembly passed a resolution titled HR 836 of 2020 , which seeks to end Governor Wolf’s emergency declaration and state shutdown relative to the COVID-19 pandemic (hereinafter, COVID - 19 Orders ). By its own terms, the resolution explicitly terminates the state of disaster emergency declared by the...

May 30, 2020

COVID-19: FMCSA Extends Expanded Emergency Declaration through...

On May 13, 2020, the Federal Motor Carrier Safety Administration (FMCSA) declared that a national emergency continued to exist, warranting a further extension of Emergency Declaration No. 2020-002...

May 29, 2020

Attorney Richard Bryan Prevails in Appeal of Wrongful Death Claim

In a highly contested “who done it” wrongful death claim, the Appellate Division recently affirmed the grant of summary judgment in favor of the defendant in the case of Kavanaugh v. Van Arsdale ,...

May 28, 2020

COVID-19: New Jersey Business Re-Opening Guidance

New Jersey issued a Stay-At-Home order on March 21, 2020 which closed non-essential business. The order currently remains in place, but New Jersey has provided a plan for the re-opening of the...

May 28, 2020

COVID-19: Maryland's Roadmap to Recovery

On April 24, 2020, Governor Larry Hogan of Maryland issued a state-wide recovery plan titled “Maryland Strong: Roadmap to Recovery”. The plan lays out a three-phase process the state will take to...

May 27, 2020

COVID-19: Employees who Refuse Offer of Suitable Work Rendered...

In late March, when Congress passed, and the President signed the “Coronavirus Aid, Relief, and Economic Security Act,” commonly referred to as the “CARES,” many observers touted the expansion of...

May 27, 2020

COVID-19: NY Courts to Allow New Lawsuits

In a May 20, 2020 memo to the entire New York Unified Court System, Chief Administrative Judge, Lawrence K. Marks, announced that effective May 25, 2020, e-filing through the NYSCEF system --...

May 26, 2020

COVID-19: Georgia Supreme Court Reinstates Certain Filing Deadlines

On May 28, 2020, all pending Georgia cases may have reinstated deadlines. For litigants, this means the number of days left to file a response as of March 14, 2020 when the first judicial...

May 26, 2020

COVID-19: Fluctuating Workweek Method of Computing Overtime

On May 20, 2020, the U.S. Department of Labor (DOL) released a final rule allowing employers to pay nonexempt employees whose hours vary from week to week, bonuses or other forms of incentive...

May 22, 2020

COVID-19: Responsibilities of Pandemic Safety Officers

Pennsylvania Governor Tom Wolf issued guidance on May 4, 2020 requiring employers engaged in business to execute and post a form titled “COVID-19 Safety Procedures for Businesses”. This form...

May 21, 2020

COVID-19: PA Department of Health Issues Open and Re-Open Business...

Recently, the Pennsylvania Department of Health issued the attached Form titled, “ COVID-19 Safety Procedures for Businesses ”. This form provides in pertinent part: All businesses in the...

May 16, 2020

Paul A. Cacciamani, Esq. Persuades PA Commonwealth Court to Hold...

In Weidenhammer v. WCAB (Albright College ), 546 C.D. 2019, the Commonwealth Court issued a significant opinion on the retroactivity of Protz v. WCAB (Derry Area School Dist .), 161 A.3d 827 (Pa....

May 13, 2020

GA Supreme Court Issues Second Order Extending Declaration of...

On Monday, May 11, 2020, the Georgia Supreme Court issued its Second Order Extending Declaration of Statewide Judicial Emergency (the “Emergency Order”). The order, in essence, limits court to...

May 07, 2020

PA Extends Civil Immunity to Certain Health Care Professionals...

On May 6, 2020, Governor Wolf issued an executive order conferring civil immunity to a wide range of health care professionals responding to the COVID-19 emergency. Legally speaking, the order...

May 07, 2020

COVID-19: Virtual Arbitration Proceedings in NJ Courts

New Jersey requires that most civil litigation matters proceed to a mandatory, non-binding arbitration prior to being listed for trial. In the cases that qualify for the program, the matters are...

May 06, 2020

COVID-19: Georgia Supreme Court Likely to Extend Video Trial in...

The Georgia Supreme Court seems likely to extend the video conference trial rule (Unified Superior Court Rule 9.1) by amendment this week. In essence, the rule will provide parties the option of...

May 06, 2020

COVID-19: FFCRA Guidance for Teleworkers

The Families First Coronavirus Response Act (FFCRA) provides necessary guidance to employers regarding teleworking. Because employees who are able to telework are exempt from receiving benefits...

May 05, 2020

NJ Court Deadlines Extended for Another Month Due to COVID-19

We recently published a detailed summary of how the New Jersey Courts have responded to the COVID-19 crisis. As of April 24, 2020, the Supreme Court has extended certain deadlines for another...

May 04, 2020

COVID-19: How the NJ Courts Have Responded to Social Distancing...

New Jersey has been one of the states that has been most impacted by the COVID-19 pandemic. As a result, a stay-at-home order has been in effect since March 21, 2020. In response, the New Jersey...

April 22, 2020

COVID-19: Expanded FMLA Only Applies to Childcare

The Families First Coronavirus Response Act (FFCRA) requires covered employers to provide employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID...

April 20, 2020

COVID-19: Proposed Changes to the PA Workers' Compensation Act

This past week, both the Pennsylvania House and Senate considered legislation to lower the burden of proof in COVID-19 cases for Pennsylvania's first responders. 1 Although unsuccessful to date,...

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