C&W Journal

January 30, 2015

FDA’s Proposed Labeling Changes: Uncertainty for Claims against Generic Defendants

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 (ANDA) and New Drug Application (NDA) sponsors by requiring ANDA sponsors to submit Changes Being Effected supplements (CBE-0) to modify their labeling when...

January 30, 2015

Workers’ Compensation “Exclusivity” Provision May Not Be So...

Under the Pennsylvania Workers’ Compensation Act, an employer’s liability to an employee, legal representative, husband or wife, parents, dependents, next of kin, or anyone otherwise entitled to...

January 30, 2015

Commonwealth Court Ruling Highlights Exception to “Coming and Going...

For those who deal in workers’ compensation matters, it is generally thought that a person who is injured while traveling to or from work is not entitled to workers’ compensation benefits. Indeed,...

November 21, 2014

What Does MMI Really Mean in the Context of Impairment Rating...

Simply by being in the workers’ compensation arena allows most everyone involved to have a general understanding of maximum medical improvement (MMI). In Pennsylvania, MMI does not hold as much...

November 21, 2014

Can a Defendant in a Professional Liability Case be Asked for His...

For those of us who practice in the area of professional liability defense, there remains the question of whether to designate a client as an “expert.” This is true whether the defendant is an...

November 21, 2014

What to Do When an IRE and Review Petition Cross Paths

In Pinder v. WCAB (Lucent Technologies), (No. 23 C.D. 2014,) submitted July 18, 2014, the parties were litigating Termination and Review Petitions when the employer requested that the claimant...

November 21, 2014

No Doctor's Note Necessary- Returning To Work Without a...

In West Virginia, when dealing with an employee who has been injured on the job, it is considered a discriminatory employment practice for an employer to not reinstate the injured employee back to...

September 29, 2014

Supreme Court Weighs in on Employer’s Burden of Proof Regarding...

The Pennsylvania Supreme Court recently addressed the burden of proof between an employer and a claimant regarding the claimant’s legal eligibility to work under Federal immigration law whenever...

September 28, 2014

Unilateral Suspension or Modification Upon a Return to Work

The unilateral Notification of Suspension or Modification was allowed in amendments to the Pennsylvania Workers’ Compensation Act in 1996. It is a very valuable tool for Pennsylvania workers’...

September 28, 2014

A Warning Regarding the Application of the Cy Pres Doctrine

Lovate Health Sciences USA Inc. agreed to settle a class action lawsuit alleging it made false and misleading statements in its labeling and advertising regarding the effectiveness of its...

September 28, 2014

The Changing Face of Pennsylvania’s Strict Liability Claims Against...

In two recent decisions from the federal courts in Pennsylvania, the courts further solidified the application of Restatement § 402A, comment k, for claims of strict liability against medical...

September 28, 2014

Superior Court Sides With Insureds on Stacking Issue

The Superior Court’s June 6, 2014, decision in Bumbarger v. Peerless Indemnity Insurance Company, 93 A.3d 872 (Pa.Super. 2014)affirmed an order granting summary judgment thereby entitling an...

July 01, 2014

The Importance of Being Earnest in Sending LIBC Forms

Recent developments in the case law promulgated by the Commonwealth Court highlight the importance of an employer regularly issuing LIBC 750, 756, and 760 forms, and puts the onus on the employer...

July 01, 2014

The Clock Does Not Stop Ticking: NJ Appellate Division Upholds...

In a recent decision from the New Jersey Appellate Division, the court determined that the Law Division does not have the authority to transfer the matter to the Workers’ Compensation Division. In...

July 01, 2014

Pennsylvania Supreme Court Reaffirms Statutory Employer Defense

The Pennsylvania Supreme Court recently reaffirmed the statutory employer defense, resulting in the invalidation of a $1.5 million jury verdict. In Patton v. Worthington Associates, Inc. , 2014 Pa...

July 01, 2014

Split Decision Results in Protection of Attorney-Expert Communications

On April 29, 2014, the Pennsylvania Supreme Court, in a split decision, handed down the much anticipated opinion of Barrick v. Holy Spirit Hospital , which addresses the discovery of...

May 28, 2014

Employers Now Subject to Civil Liability for Latent Occupational...

In a dramatic shift from precedent, the Pennsylvania Supreme Court in Tooey vs. AK Steel et all., No. 21 WAP 2011, 2013 WL 6150887 (Pa. Nov. 22, 2013), held that the Pennsylvania Workers...

May 28, 2014

Supreme Court Makes It More Difficult To Sue Companies in Any...

This past January, the United States Supreme Court issued a significant ruling that will limit where companies may be sued for claims that do not relate to business they conduct in a particular...

May 28, 2014

Contractual Liability Exclusion Trivialized by Texas Court

In a recent ruling, the Supreme Court of Texas provided guidance for contractors, restricting insurers’ attempts to narrow coverage in general liability policies. Prior to the court’s ruling, a...

May 28, 2014

Innovator Liability Possible on the Rise

The plaintiff's bar continues to try novel theories to escape the effects of the United States Supreme Court decision of Pliva v. Mensing . In Mensing , the Supreme Court held that generic drug...

May 28, 2014

Phantom Expenses: A Plaintiff’s Ability to Recover Medical Bill...

It is a practice many of us are familiar with. It is a common practice with most hospitals. If you have ever undergone a medical test or procedure, or required medical attention, you have likely...

Pages