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...

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...

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...

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...

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...

Many companies are not aware that, after a period of years, which varies depending on the type of obligation involved, certain monies, including uncashed payroll and vendor checks, credit or gift...

Pennsylvania has long acknowledged the in pari delicto defense in accounting cases, particularly in the auditor situation. The in pari delicto defense holds that when a plaintiff and defendant are...

The enactment of the Construction Workplace Misclassification Act signals a new chapter in the effort to define whether an individual working on a construction site for himself, or for another, is...

In the past few years, the Pennsylvania Supreme Court in two reported cases has made it absolutely clear that releases of liability in a recreational setting are valid and enforceable for claims...

In Shiner v. Ralston , 2013 Pa. Super. 33 (2/22/2013), two men were involved in an automobile accident on May 17, 2007 in Centre County, Pennsylvania. Glenn Shiner was operating a Ford Taurus and...

In Halvorsen v. Villamil , 429 N.J. Super. 568 (App.Div. 2013) the New Jersey Superior Court, Appellate Division, recently held that the New Jersey Licensed Alcoholic Beverage Server Fair...

With the recent issue of gun control and violence making its way to the headlines, we, in fact, are confronted with the issue of violence in the workplace. It can occur that an injury is caused by...

In May 2012 the Pennsylvania Supreme Court issued a decision in Six L’s Packing Company v. Workers’ Compensation Appeal Board , 44 A.3d 1148, 2013 Pa. LEXIS 1238 (Pa. May 29, 2012) significantly...

On March 28, 2013, Federal Judge Irene Keeley certified the following question to the West Virginia Supreme Court of Appeals “May a mineral owner or lessee, whose rights are expressly limited by...

In November 2012, the Superior Court of Pennsylvania issued a decision in Longwell v. Giordano , 57 A.3d 163 (Pa. Super. 2012), which received some notoriety for reaffirming the fact that...

Mandatory arbitration for consumer disputes in West Virginia has long been a litigation morass. For years, West Virginia courts have simply invalidated mandatory arbitration provisions in consumer...