C&W Journal

May 28, 2014

Employers Now Subject to Civil Liability for Latent Occupational Disease

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 Compensation Act does not insulate employers from civil...

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 experienced it firsthand.  We are referring to the...

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 state. ...

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 contractor’s general liability policy would commonly...

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 manufacturers are immune from liability as long as...

March 06, 2014

Will Language in Your C&R Agreement Prevent You from Obtaining...

The Commonwealth Court recently addressed a prevalent issue regarding the ramifications of language in Compromise & Release (C&R) agreements on supersedeas fund reimbursement in H.A. Harper Sons, Inc. v. WCAB. ...

March 06, 2014

Compensable by a Foot; NJ Appellate Division Affirms WC Court’s...

How far can the NJ WC Courts stretch the so-called “premises rule” of compensability? Based upon a recent decision of the New Jersey Appellate Division, this rule can be pushed pretty far in favor of an injured claimant. In the recent unpublished NJ...

March 06, 2014

Benevolent Gesture Professional Liability Act Signed Into Law

On October 22, 2013, Pennsylvania Governor Thomas Corbett signed into law the Benevolent Gesture Medical Professional Liability Act. This law allows health care providers to make benevolent gestures to patients, a patient’s relatives, or a patient’s...

March 06, 2014

Lack of Supreme Court Agreement Leads to Insurance Coverage for...

The Supreme Court of Pennsylvania recently split down the middle, 3-3, in the appeal of Lipsky v. State Farm , leading to the affirmance of the Superior Court’s ruling that a claim for negligent infliction of emotional distress (NIED) constitutes...

March 06, 2014

UIM Carrier Entitled to Set Off Amounts Paid By All Tortfeasors

In AAA Mid-Atlantic Ins. Co. v. Ryan , decided on January 21, 2014, the Pennsylvania Supreme Court addressed the issue of whether, under an insurance policy for UIM coverage, the amount of an insured’s recovery may be offset by the amount of all...

February 19, 2014

Governmental Auditors are Not Subject to a Right-to-Know Request

January 30, 2014

Death Knell for Labor Market Surveys

Appeal to the Supreme Court from the Order and Opinion of the Commonwealth Court entered on June 30, 2010, reversing the Order of the Workers’ Compensation Appeal Board entered on October 14, 2009. ...

January 30, 2014

Pennsylvania Supreme Court Set to Decide Critical Products...

As 2013 came to a close, the Pennsylvania Supreme Court set the landscape for product liability litigation for years to come. ...

January 30, 2014

Attorney’s Fees—Potential for Larger Costs to Insured Under ADA

Attorney’s fees are an often overlooked, but significant part of any suit brought under the Americans with Disabilities Act (ADA). Under the Civil Rights Attorney’s Fees Awards Act of 1976, the “prevailing party” in any action brought pursuant to the...

January 30, 2014

Updated AAA Appellate Arbitration Rules

While parties may have historically agreed to some form of an appellate arbitration process, the American Arbitration Association has recently standardized the process by creating the optional appellate arbitration rules. The rules provide for an...

October 30, 2013

Understanding Contractors’ Real Exposure Potential Under a...

Shale drilling is a lucrative, but risky business for land and rights owners, drilling companies, and all other companies that share responsibility for on-site operations. When great risks are present, complicated risk-shifting schemes develop to...

October 30, 2013

The New Age of WCAIS

September 9, 2013, marked the start of the New Age of WCAIS in the world of Pennsylvania Workers’ Compensation practice. “WCAIS” stands for Workers’ Compensation Automation and Integration System. A major modernization project by the Pennsylvania...

October 30, 2013

Fiduciaries Beware: Breach of Duty Can Lead to Personal Exposure

As the nation’s baby boomers continue to get older, more and more people will undertake the role of a fiduciary. This may be as an agent appointed through a power of attorney as an executor or administer of an estate or as a trustee under the...

October 30, 2013

Use of GPS Devices and Punitive Damages—the Devil is in the Details

In a recent issue of first impression in Pennsylvania, Judge Terrence R. Nealon of the Court of Common Pleas of Lackawanna County examined the availability of punitive damages in cases involving the use of GPS devices while driving. Rockwell v....

September 04, 2013

Text Senders Face Possible Liability for New Jersey Motor Vehicle...

In an apparent first-of-its-kind decision in the nation, a New Jersey appellate court has held that the sender of a text can share in liability if the person knows or has special reason to know that the intended recipient is driving and is likely to...

September 04, 2013

Supersedeas Fund Reimbursement: What Constitutes Recoverable...

Under the Pennsylvania Workers’ Compensation Act, employers may request supersedeas in conjunction with Petitions to Terminate, Suspend, and Modify an employee’s benefits. In cases in which supersedeas has been requested and denied, the employer’s...

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