Insights and analysis from our attorneys
Remember the days of sending letters to clients and opposing counsel? Over the years, this practice has diminished and emails have become the most common type of communication. Email has become an everyday tool for attorneys to communicate with their clients, opposing counsel and third- parties. Unfortunately, with the evolution of the internet,...
In June 2017, the Pennsylvania Supreme Court granted a petition for allowance of appeal to consider whether it should overturn its decision in Muhammad v. Strassberger, McKenna, Messer, Shilobod ...
The Pennsylvania Supreme Court, by split decision, upheld the constitutionality of Pennsylvania's Dragonetti Act. Villani v. Seibert , 66 MAP 2016; 2017 Pa. LEXIS 939 (April 26, 2017). As a...
As a profession, we must assess and prepare ourselves for the risks of a technologically connected world in order to continue in the tradition of serving our clients and keeping their confidences....
Technological advances continue to expand the scope of risks that the legal profession experiences in maintaining the privacy and security of privileged client information in a secure, yet...
Corporate negligence claims against a physicians practice group are often pled by plaintiffs in medical malpractice cases in an effort to implicate additional insurance coverage and bring the...
In Myers v. Geisinger , the claimant filed a claim petition alleging that he sustained an injury on October 28, 2015. Specifically, the petition alleged that the claimant sustained an aggravation...
The MCARE Act requires experts offering standard of care testimony to practice in the same subspecialty or possess the same board-certification as the defendant physician. However, these...
In Baumann v. WCAB (Kellogg Company) , No. 2603 C.D. 2015, the claimant petitioned for review of the Workers' Compensation Appeal Board's (WCAB) order affirming the WCJ's decision on remand...
A common argument made by petitioners' attorneys is in favor of wage reconstruction. This principle, as outlined in the seminal NJ Supreme Court opinion of Katsoris v. South Jersey Pub. Co ., 131...
On September 9, 2013, the Workers' Compensation Automation and Integration System (WCAIS) went live in Pennsylvania. From day one, the Bureau of Workers' Compensation (Bureau) has been faced with...
The New Jersey Supreme Court amended and adopted new Rules Governing the Courts of New Jersey, effective September 1, 2016. Some of the highlights for the civil practitioner include changes to the...
A recent decision out of Atlantic County, New Jersey, continues to bode well for the application of the learned intermediary doctrine. The learned intermediary doctrine is a defense rule that...
Those familiar with New Jersey procedural law are also familiar with the "entire controversy" doctrine. The entire controversy is codified in a court rule, specifically, R.4:30A, and provides in...
University of Connecticut, City College of San Francisco, University of Central Florida, University of Virginia, University of Northern Iowa, Southern New Hampshire University; aside from being...
In Duffey , the Commonwealth Court was presented with the claimant's appeal from the WCAB decision reversing a WCJ's decision that the IRE submitted by the employer was invalid because it did not...
In the case of IA Construction Corporation v. WCAB (Rhodes) , 2016 Pa. LEXIS 1070, the Pennsylvania Supreme Court held that a workers' compensation judge has the authority to reject the...
Claims adjusters in virtually all jurisdictions are bound by a code of ethics. Many adjusters are licensed and practice in multiple states and therefore have multiple codes that they must follow....
Indeed, the most frequent attack made upon physicians who perform independent medical examinations for defendants is an attack on the doctor's financial profile, i.e., how much money does the...
Generally speaking, employers do not have to pay unemployment, disability, or social security taxes or workers' compensation premiums for independent contractors. Under New Jersey law, employers...
The Supreme Court decided EEOC v. Abercrombie & Fitch Stores, Inc . one year ago on June 1, 2015. At the time it was unclear what effect it might have on employers. The facts of the case are...
