C&W Journal

July 29, 2015

New Area for an Award of Penalties—Mandatory Mediations?

A recent trip to the Appeal Board led me to write this article. While in attendance on a different matter, I learned of a case where the trial judge awarded a penalty for violation of the Special Rules of Administrative Practice and Procedure before Workers’ Compensation Judges, specifically Section 131.59(b) for failure to have requisite...

July 29, 2015

Superior Court Holds that Specific Allegations of Agency Are Not...

In the case of Estate of Denmark, v Williams , (Pa. Super. April 28, 2015), a three-member panel of the Superior Court reversed a trial court’s entry of summary judgment for a defendant-hospital...

July 29, 2015

Sweeping Pennsylvania Child Protective Services Law Changes

Pennsylvania’s Child Protective Services Law (CPSL) was amended in 2014 to include substantive changes to the requirements for the mandatory reporting of child abuse and neglect. The new law...

July 29, 2015

New Jersey Insurance Coverage Update

Plaintiff Robert Occhifinto (Occhifinto) filed suit against defendant Robert S. Keppler Mason Contractors, LLC (Keppler) and others, seeking damages for alleged defective construction of an...

July 29, 2015

Potential Spoliation of Evidence Sufficient to Defeat Defendant’s...

In Rodriquez v. Kravco Simon Company, A.2d, 2015 Pa. Super. 41 (2015), the Superior Court reversed the trial court’s decision granting summary judgment in favor of the defendant property owner in...

May 13, 2015

Finally… Prescription Reimbursement Reform

Before leaving office, Governor Tom Corbett signed Act 184 (previously House Bill 1846) on October 27, 2014, which took effect December 26, 2014. Act 184 includes a number of provisions regarding...

May 13, 2015

2015 Legislative Session Overview

The 2015 West Virginia Legislative Session recently concluded. Multiple bills were passed during the session that will significantly impact the future of West Virginia’s legal system. These newly...

May 13, 2015

Significant Pennsylvania Supreme Court Decision Applied Retroactively

In November 2014, the Pennsylvania Supreme Court issued the much anticipated opinion of Tincher v. Omega Flex . While the state of product liability law was significantly altered in the...

May 13, 2015

Trivial Has to Be Trivial

A daylight accident involving an open and obvious “trivial” defect is the best that one could hope for, short of a freshly poured, pristine sidewalk, when defending the typical sidewalk claim...

May 13, 2015

Under What Circumstances Can Unreasonable Contest Attorney’s Fees...

The Commonwealth Court of Pennsylvania recently decided a fascinating case, involving what was described as a “frivolous” appeal filed by the claimant. The most stunning element of the decision...

May 13, 2015

Superior Court Signals Support for Expert Opinion Testimony on...

In a May 12, 2014, Memorandum Opinion, the Superior Court affirmed a multi-million dollar verdict in a trucking case where more than one million dollars in punitive damages was awarded. In so...

May 13, 2015

Science Matters: Expert Admissibility Changing the Course of...

Judge Nelson C. Johnson, a New Jersey State Court judge, recently barred testimony of the plaintiffs’ two general causation experts, Dr. Arthur Kornbluth and Dr. David Madigan, in the state’s...

March 26, 2015

Recent Case Allows Suspension of Benefits, Despite Ongoing Wage Loss

Workers’ Compensation benefits can be suspended when there is a wage loss due to economic conditions. Recently, the Commonwealth Court affirmed an employer’s petition to suspend wage loss benefits...

March 26, 2015

Restructuring Pennsylvania’s Powers Of Attorney

In response to the Pennsylvania Supreme Court’s decision in Vine v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, 607 Pa. 648; 9 A.3d 1150 (2010), the Pennsylvania legislature...

March 26, 2015

Driveway Immunity Exceptions

A little known section of Pennsylvania law, the Driveway Immunity Provision, 35 P.S §7210.502 (b)(4)(i) of the Construction Code Act, and 53 P.S.§10508(6) of the Municipalities Planning Code, may...

January 30, 2015

New Form of Indemnity Identified in Non-Precedential Decision

The Superior Court, in a non-precedential opinion, recently acknowledged the doctrine of intermediate form indemnity. In Bracken v. Burchick , (October 10, 2014), a general contractor entered into...

January 30, 2015

Break Time Injuries Still Compensable

Recently the Pennsylvania Workers’ Compensation Appeal Board upheld a case where a claimant who was on his regular shift took a cigarette break while on the premises of the employer and was bitten...

January 30, 2015

State of Product Liability Law Significantly Altered in Pennsylvania

This past November, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex . The court overruled Azzarello v. Black Brothers , yet declined to replace it with the...

January 30, 2015

Pennsylvania Supreme Court to Decide Use of Informed Consent...

The issue of whether the Superior Court erred in applying a blanket prohibition of evidence of a plaintiff’sconsent to surgeries and knowledge of the risks associated with the plaintiff’s...

January 30, 2015

Work Effort and Personal Risk Factors: Making Sense of...

In Renner v. AT&T (A-71-11) (068744), the petitioner was a telecommuting employee permitted to work from her home three (3) days a week. She worked for AT&T for 25 years. On September 24,...

January 30, 2015

FDA’s Proposed Labeling Changes: Uncertainty for Claims against...

In November 13, 2013, the Food and Drug Administration (FDA) released a proposed rule on labeling changes for approved medicines to establish “parity” between Abbreviated New Drug Application ...

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