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 they had the same label as the innovator or brand name drug manufacturer. The Mensing decision made it...
Insights and analysis from our attorneys
C&W Journal
May 28, 2014
Innovator Liability Possible on the Rise
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...
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...
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...
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...
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. In Tincher v. Omegaflex (No. 17 MAP 2013), the Pennsylvania Supreme...
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 ...
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...
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...
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....
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...
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...
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...
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...
September 04, 2013
Civil Actions Under the Pennsylvania Wiretapping Act
Cipriani & Werner recently handled the defense of a lawsuit seeking civil damages under the Pennsylvania Wiretapping and Electronic Surveillance Act. Under Pennsylvania’s Wiretapping Act, it...
September 04, 2013
Pennsylvania Workers Compensation Medical Fee Review
When an injured worker receives medical treatment in Pennsylvania the medical providers are subject to sections of the Pennsylvania Workers’ Compensation Act [Act] andMedical Cost Containment...
September 04, 2013
Commonwealth Court Upholds Statutory Damages Cap for Governmental...
In Zauflik v. Pennsbury Sch. Dist. , 2013 Pa. Commw. LEXIS 233, the Commonwealth Court of Pennsylvania upheld the $500,000 statutory cap on damage awards against governmental entities, finding the...
September 04, 2013
Recent Decision Shifts Burden for Retirees to Employer
The recent PA Supreme Court holding in City of Pittsburgh & UPMC Benefits Management Services, Inc. v. WCAB (Robinson) , 18 WAP 2011, which was decided on March 25, 2013, appears to have...
September 04, 2013
The Path Not Taken (Before) - Consent to Settle
The Superior Court, in the recent decision of The Babcock & Wilcox Co. v. American Nuclear Insurers , 2013 PA Super. 174 (July 10, 2013), created a new option for insureds who are offered by...