C&W Journal

December 03, 2009

Federal Law Creates Private Rights For Nursing Home Residents

In order to obtain a remedy under Title 42 U.S.C.§1983, a plaintiff must assert the violation of a federal right, not merely the violation of a federal law. Whether a federal statute creates such a right, which is enforceable by an action for damages,...

December 03, 2009

Carmack Provides Exclusive Cause Of Action For Interstate...

Unless a shipper and carrier have a contract which excludes the Carmack Amendment, the federal statute provides the exclusive remedy for loss or damage to goods arising from the interstate transportation by a common carrier. A trucking company is a...

December 03, 2009

Court Upholds Venue Clause in Auto Insurance Policy

In the most recent appellate case addressing the new way of litigating UM/UIM matters in Pennsylvania, the Superior Court upheld the venue clause requiring that consumers file suit in the county in which he or she lives. A three-judge panel in the...

March 03, 2010

Sputum, Specific Loss And Average Weekly Wage

In this case, the Claimant sustained an eye injury sometime in 1979 or 1980. Claimant was a nurse cleaning the tracheotomy of a patient with herpes simplex virus (“HSV”). The patient coughed causing sputum to spray into Claimant’s left eye. The injury...

January 03, 2010

Anatomy Of A Job Offer

One of the greatest pitfalls in mitigating indemnity exposure occurs where the employer fails to make a legally sufficient job offer that will hold up in litigation. In the most common real world scenario, an injured worker will call or report back to...

December 03, 2010

High Court Adopts New Statute of Limitations Test for Title VII Claims

Title VII of the Civil Rights of 1964 prohibits an employer from engaging in discriminatory employment practices on the bases of race, color, religion, sex, or national origin. The United States Supreme Court issued a decision in Lewis v. City of...

December 03, 2010

Pre-Trial Negotiations May Be Considered In Awarding Attorney'...

Under 42 U.S.C.§ 1988, a prevailing party in a civil rights lawsuit brought pursuant to 42 U.S.C.§ 1983 may seek a reasonable amount of attorney’s fees, as well as costs of litigation. The Supreme Court has held that this rule applies to prevailing...

December 03, 2010

Employer's Role in Settling Claims

The Employer’s Role in Settling Claims In 1996, the Pennsylvania Legislature passed Act 57. The legislation has had a dramatic effect on how workers’ compensation cases are handled. One of the major changes instituted by Act 57 was the ability of the...

July 04, 2010

RELEASE ME! Cipriani and Lenzi Success in Top Court’s Reinstatement...

Gerard J. Cipriani
Founding Partner and Firm-Wide Litigation Chair at Pittsburgh, PA

C&W is pleased to report a major success in its appeal to the Pennsylvania Supreme Court on behalf of its resort client in a personal injury action brought by a skier who fell while boarding a ski lift. The issues before the Court were whether a skier...

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