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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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 ...

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...

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...

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....

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...

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...

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...

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...

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...