C&W Journal

November 05, 2012

Defendants No Longer Entitled to Credit for UIM Payments

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. Since 2009, in the case of Pusl v. Means , 982 A.2d 550 (Pa. Super. 2009, defendants had been entitled...

November 05, 2012

Court Finds Duty to Defend Intoxicated Employees

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 Co. v. Rode’s Fireside Restaurant & Tavern , the New Jersey Superior Court, Appellate Division, in an unpublished decision 1 , held that a general liability insurer had a...

September 29, 2012

CMS Determines TENS Use Not Payable for Chronic Low Back Pain and...

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...

September 29, 2012

Specific Loss Analysis is Less than Specific

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....

September 29, 2012

Knowledge Equals . . . Liability

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...

September 29, 2012

Strategic Joinder to Defeat Venue Transfer

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,...

September 29, 2012

How a Contractor Can Better Manage Its Construction Contracts

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...

September 29, 2012

Agency—A Question of Fact for the Jury

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...

September 29, 2012

What is Collaborative Law?

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...

July 29, 2012

Court Bars Expert Testimony Based On Certificate of Merit Election

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...

July 29, 2012

Considerations in Defending a Professional Liability Action

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...

July 29, 2012

Potential Liability for Texting to Driver

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...

July 29, 2012

Sometimes Timing is Everything

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...

July 29, 2012

Misleading Conduct Violates Pennsylvania’s Consumer Protection Law

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...

May 08, 2012

Dismissal Obtained - Summary Judgment in Underinsured Motorist...

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...

May 08, 2012

Attention to Detail Results in Summary Judgment for Client

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...

May 08, 2012

Limiting Delay Damages - Rule 238 Settlement Offers

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...

May 08, 2012

Practically Speaking—The Use of Social Media in Workers'...

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...

May 08, 2012

Fatal Claim Benefits Awarded

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...

May 08, 2012

West Virginia Signs Bills That Directly Affect The Motoring Public

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...

May 08, 2012

No Punitive Damages for Cell Phone Usage While Driving

The C&W Journal previously reported on the decision of a Northampton County Court of Common Pleas case, Xander v. Kiss , wherein the Court held that using a cellular telephone while driving...

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