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C&W Journal

March 05, 2013

Video Surveillance of Employees—a Birds-Eye View for Employers

For a variety of reasons, employers may want to undertake video surveillance of their employees. Is an employee taking advantage of a worker’s compensation claim? Are employees engaging in theft from a storage room? Are employees doing their jobs as instructed? These are just a few of the many questions employers may have for which video...

January 04, 2013

Addressing Medicare Liens: Defendants Sanctioned for Refusal to Pay...

In Dailey-Console v. Barnwell et al. , Court of Common Pleas of Monroe County, Pennsylvania, the court addressed the effect of the Medicare Secondary Payer Act (MSPA) on certain settlement...

January 04, 2013

Vagaries of Companionship: What it is Worth

The purpose of the Pennsylvania Wrongful Death Statute, 42 Pa.C.S.§8301 is to compensate the survivors of the decedent for pecuniary losses they sustained as a result of the decedent’s death....

January 04, 2013

One Way Ticket Out of Town - Another Motion to Transfer Venue Granted

The Superior Court of Pennsylvania has affirmed another trial court order transferring a case out of Philadelphia County. In Stoner v. Penn Kleen Inc. , the plaintiff was injured at Swopes Salvage...

January 04, 2013

“Interest”ing Decision for the Defense

In the underlying litigation, the WCJ granted the claimant’s claim petition and ordered the employer to pay two closed periods of benefits. As usual, the WCJ assessed interest at the rate of ten...

January 04, 2013

What is Cyber Risk and Why Should You Care?

As counsel to numerous professional firms and associations, I am frequently asked about cyber risk. As technology continues to advance, we have more and more information stored in electronic...

January 04, 2013

Court Raises Bar on Products Liability Defense

On November 26, 2012, the PennsylvaniaSupreme Court voted 5-1 to affirm the Superior Court’s ruling that defendants Asia Trent Inc., Remington Arms Co., RA Brands, and the Sportsman’s Guide failed...

January 04, 2013

New Jersey PIP Reimbursement Limited to Policy Limits, Not Amounts...

In AIG Centennial Ins. Co. v. Thompson , A-4358-11T2, (App. Div. Nov. 19, 2012), the New Jersey Superior Court, Appellate Division, in an unpublished opinion [1] , held that an insurer who paid...

January 04, 2013

UM Insurer Bound by Arbitration Award if Share is Less Than...

In Badiali v. New Jersey Manufacturers Ins. Grp. , the New Jersey Superior Court, Appellate Division, in an published decision, held that an uninsured motorist (UM) carrier is precluded from...

January 04, 2013

New Jersey Liability Legal Update

In a recently unpublished decision, [1] the New Jersey Appellate Division in Morales v. Schneider has illustrated, once again, how difficult it is for a plaintiff to overcome the exclusive remedy...

January 04, 2013

New Jersey Premises Liability Legal Update

In Kandrac v. Marrazzo’s Mkt. , the New Jersey Superior Court, Appellate Division, in a recently published decision, held that a commercial tenant in a multi-tenant shopping center does not owe a...

January 04, 2013

Asset Protection Beyond the Umbrella (Good, Better, Best - At Least...

Recently, I was engaged in the topic of Asset Protection. A CPA standing nearby scoffed at the topic and said, “Just buy an umbrella.” It occurred to me that even a well-respected professional did...

November 05, 2012

I Say “Tomato”—You Say “Liable?” You now may be considered a ...

The Supreme Court of Pennsylvania recently changed the definition of who can be considered a “statutory” employer in Pennsylvania Workers’ Compensation cases in its recent Decision in Six L’s...

November 05, 2012

Bridge Collapse Provides Defense to Rescue Doctrine Suit

Recently, the Pennsylvania Supreme Court had occasion to analyze the interplay between the rescue doctrine and the doctrine of superseding cause. The rescue doctrine provides it is not...

November 05, 2012

Defendants No Longer Entitled to Credit for UIM Payments

In an en banc decision issued on September 28, 2012, the Superior Court reversed previous case law and held that a defendant is no longer entitled to a credit against a verdict for any UIM...

November 05, 2012

Court Finds Duty to Defend Intoxicated Employees

In Harleysville Ins. Co. v. Rode’s Fireside Restaurant & Tavern , the New Jersey Superior Court, Appellate Division, in an unpublished decision 1 , held that a general liability insurer had a...

September 29, 2012

CMS Determines TENS Use Not Payable for Chronic Low Back Pain and...

In 2010 a report by the Therapeutic and Technology Assessment Subcommittee of the American Academy of Neurology concluded that use of a TENS unit was ineffective in the treatment of chronic low...

September 29, 2012

Specific Loss Analysis is Less than Specific

Section 306(c) of the Pennsylvania Workers’ Compensation Act (Act), 77 P.S.§513, directs that compensation shall be payable for disability as a result of the permanent loss of various body parts....

September 29, 2012

Knowledge Equals . . . Liability

In Rabovsky v. Foster Wheeler, LLC , a case recently decided by the United States District Court for the Eastern District of Pennsylvania, the plaintiff, Rabovsky, alleged that while working as an...

September 29, 2012

Strategic Joinder to Defeat Venue Transfer

Venue can often mean the difference between a win and a loss, or a six-figure case and a seven-figure case. When the case can be moved to a better venue, in most instances it should. Knowing that,...

September 29, 2012

How a Contractor Can Better Manage Its Construction Contracts

Whether a contractor is acting as a prime contractor (having a contract with the project owner) or a subcontractor, contractors are often presented with a contract to sign with little or no...

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