For a variety of reasons, employers may want to undertake video surveillance of their employees. Is an employee taking advantage of a worker’s compensation claim? Are employees engaging in theft...

In Dailey-Console v. Barnwell et al. , Court of Common Pleas of Monroe County, Pennsylvania, the court addressed the effect of the Medicare Secondary Payer Act (MSPA) on certain settlement...

The purpose of the Pennsylvania Wrongful Death Statute, 42 Pa.C.S.§8301 is to compensate the survivors of the decedent for pecuniary losses they sustained as a result of the decedent’s death....

The Superior Court of Pennsylvania has affirmed another trial court order transferring a case out of Philadelphia County. In Stoner v. Penn Kleen Inc. , the plaintiff was injured at Swopes Salvage...

In the underlying litigation, the WCJ granted the claimant’s claim petition and ordered the employer to pay two closed periods of benefits. As usual, the WCJ assessed interest at the rate of ten...

As counsel to numerous professional firms and associations, I am frequently asked about cyber risk. As technology continues to advance, we have more and more information stored in electronic...

On November 26, 2012, the PennsylvaniaSupreme Court voted 5-1 to affirm the Superior Court’s ruling that defendants Asia Trent Inc., Remington Arms Co., RA Brands, and the Sportsman’s Guide failed...

In AIG Centennial Ins. Co. v. Thompson , A-4358-11T2, (App. Div. Nov. 19, 2012), the New Jersey Superior Court, Appellate Division, in an unpublished opinion [1] , held that an insurer who paid...

In Badiali v. New Jersey Manufacturers Ins. Grp. , the New Jersey Superior Court, Appellate Division, in an published decision, held that an uninsured motorist (UM) carrier is precluded from...

In a recently unpublished decision, [1] the New Jersey Appellate Division in Morales v. Schneider has illustrated, once again, how difficult it is for a plaintiff to overcome the exclusive remedy...

In Kandrac v. Marrazzo’s Mkt. , the New Jersey Superior Court, Appellate Division, in a recently published decision, held that a commercial tenant in a multi-tenant shopping center does not owe a...

Recently, I was engaged in the topic of Asset Protection. A CPA standing nearby scoffed at the topic and said, “Just buy an umbrella.” It occurred to me that even a well-respected professional did...

The Supreme Court of Pennsylvania recently changed the definition of who can be considered a “statutory” employer in Pennsylvania Workers’ Compensation cases in its recent Decision in Six L’s...

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...

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...

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...

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...

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....

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...

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,...