Mandatory arbitration for consumer disputes in West Virginia has long been a litigation morass. For years, West Virginia courts have simply invalidated mandatory arbitration provisions in consumer contracts by simply stating that those provisions were against public policy. All of that seemed to change in February 2012, when the United States...
Insights and analysis from our attorneys
C&W Journal
March 05, 2013
The Mental Injury Conundrum in Pennsylvania Workers’ Compensation...
A client recently called to discuss his observation that within the past year or so there has been an increase in Pennsylvania Workers’ Compensation claims wherein a claimant alleges to have...
March 05, 2013
Video Surveillance of Employees—a Birds-Eye View for Employers
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...
January 04, 2013
Addressing Medicare Liens: Defendants Sanctioned for Refusal to Pay...
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...
January 04, 2013
Vagaries of Companionship: What it is Worth
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....
January 04, 2013
One Way Ticket Out of Town - Another Motion to Transfer Venue Granted
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...
January 04, 2013
“Interest”ing Decision for the Defense
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...
January 04, 2013
What is Cyber Risk and Why Should You Care?
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...
January 04, 2013
Court Raises Bar on Products Liability Defense
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...
January 04, 2013
New Jersey PIP Reimbursement Limited to Policy Limits, Not Amounts...
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...
January 04, 2013
UM Insurer Bound by Arbitration Award if Share is Less Than...
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...
January 04, 2013
New Jersey Liability Legal Update
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...
January 04, 2013
New Jersey Premises Liability Legal Update
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...
January 04, 2013
Asset Protection Beyond the Umbrella (Good, Better, Best - At Least...
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...
November 05, 2012
I Say “Tomato”—You Say “Liable?” You now may be considered a ...
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...
November 05, 2012
Bridge Collapse Provides Defense to Rescue Doctrine Suit
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...
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...
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...