Insights and analysis from our attorneys
In Mangual v. Berezinsky, the New Jersey Superior Court, Appellate Division, held that whether a limousine driver was acting as an agent for the party that hired him was an issue of fact for the jury. The plaintiffs were injured when they were struck by a vehicle operated by Berezinksy. At the time of the accident, Berezinsky was hired by Essex...
It’s not the law where people collaborate. That would be too easy. Rather, collaborative law is a process used in lieu of traditional family law litigation, wherein the parties agree to each hire...
In the matter of Mertzig et al. vs. Robert E. Booth Jr., et al., United States District Court for the Eastern District of Pennsylvania (April 25, 2012, Savage, J), the court addressed whether a...
In 2008, the Pennsylvania Rules of Civil Procedure concerning Professional Liability Actions were amended raising new considerations in the defense of these actions. Specifically, Rules 1042.6 and...
The issue of liability related to cellular telephone usage while driving has been the focus of several recent decisions in multiple forums. We previously highlighted the decision by a Pennsylvania...
In a matter of first impression, the New Jersey Superior Court, Appellate Division, held that the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 was broad enough to include as damages the amount of an...
In Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC , the Pennsylvania Superior Court, in a published decision, held that “misleading conduct” was sufficient to impose liability under the...
Attorneys Matthew K. Mitchell and Marc R. Jones of Cipriani & Werner’s (C&W) Marlton, New Jersey, office obtained summary judgment and a dismissal of all claims with prejudice for their...
After a four-day jury trial in New Jersey state court, Attorney James J. Green, of Cipriani & Werner’s Marlton, New Jersey, office, obtained a defense verdict in a professional malpractice...
Attorney Stephen H. Franko, IV, of the Scranton office of Cipriani & Werner, P.C., recently removed a client, a municipality, from liability for a premise claim by successfully arguing a...
Many factors can delay the ultimate resolution of a case, not least of which is the backlog of cases in many Pennsylvania courts. It is not uncommon to see cases tried in 2012 that arise out of...
When can a person be in their own home, alone, with the windows and doors closed and have a limited expectation of privacy? It may sound like the beginning of law school exam question, but this is...
The Commonwealth Court of Pennsylvania has held that a determination of certain treatment in the nature of prescription medications being not reasonable or necessary medical treatment is...
On April 3, 2012, West Virginia Governor Earl Ray Tomblin signed two separate bills that affect drivers on West Virginia roads and their insurers. One bill prohibits texting and limits the use of...
The C&W Journal previously reported on the decision of a Northampton County Court of Common Pleas case, Xander v. Kiss , wherein the Court held that using a cellular telephone while driving...
Mediation is now a staple of modern day litigation—required by many courts, suggested by many opposing counsel, and the preferred avenue of clients and carriers alike in avoiding the uncertainty...
In Vann v. Mercury Indemnity Co. of Amer ., the New Jersey Superior Court, Appellate Division, in an unpublished decision 1, held that the regular use exclusion in the plaintiff’s personal...
In Potomac Ins. v. PMA , the New Jersey Superior Court, Appellate Division, held that One Beacon Insurance Company (One Beacon) could institute an action seeking to recover defense costs from the...
The matter of Xander v. Kiss , 2012 WL 168326, venued in the Court of Common Pleas of Northampton County, Pennsylvania, involved the novel issue of whether an alleged tortfeasor could be subject...
The Pennsylvania Supreme Court has recently “retained control” exception to the general rule that a property owner who employs an independent contractor is not liable for injuries to the employees...
With the recent oil and natural gas developments, jurisdictional issues are increasingly beginning to arise; Pennsylvania and related workers’ compensation claims are no exception. Recently, two...
