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C&W Journal

September 29, 2012

Agency—A Question of Fact for the Jury

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...

September 29, 2012

What is Collaborative Law?

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...

July 29, 2012

Court Bars Expert Testimony Based On Certificate of Merit Election

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...

July 29, 2012

Considerations in Defending a Professional Liability Action

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...

July 29, 2012

Potential Liability for Texting to Driver

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...

July 29, 2012

Sometimes Timing is Everything

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...

July 29, 2012

Misleading Conduct Violates Pennsylvania’s Consumer Protection Law

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...

May 08, 2012

Dismissal Obtained - Summary Judgment in Underinsured Motorist...

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...

May 08, 2012

Straight From The Horse's Mouth - Defense Verdict

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...

May 08, 2012

Attention to Detail Results in Summary Judgment for Client

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...

May 08, 2012

Limiting Delay Damages - Rule 238 Settlement Offers

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...

May 08, 2012

Practically Speaking—The Use of Social Media in Workers'...

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...

May 08, 2012

Fatal Claim Benefits Awarded

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...

May 08, 2012

West Virginia Signs Bills That Directly Affect The Motoring Public

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...

May 08, 2012

No Punitive Damages for Cell Phone Usage While Driving

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...

May 08, 2012

The Perfect Recipe for a Successful Mediation

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

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...

May 08, 2012

Med-Pay Barred by Regular Use Exclusion

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...

May 08, 2012

Hey, You Owe Me! - Equitable Contribution Among Insurers

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...

March 01, 2012

No Punitives for Talking on Cell Phone While Driving

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...

March 01, 2012

Supreme Court Revisits the Retained Control Exception to Rule...

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...

March 01, 2012

The Importance of Jurisdiction in Workers’ Compensation Claims

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...

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