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...

A client recently called to discuss his observation that within the past year or so there has been an increase in Pennsylvania Workers’ Compensation claims wherein a claimant alleges to have...

For a variety of reasons, employers may want to undertake video surveillance of their employees. Is an employee taking advantage of a worker’s compensation claim? Are employees engaging in theft...

In Dailey-Console v. Barnwell et al. , Court of Common Pleas of Monroe County, Pennsylvania, the court addressed the effect of the Medicare Secondary Payer Act (MSPA) on certain settlement...

The purpose of the Pennsylvania Wrongful Death Statute, 42 Pa.C.S.§8301 is to compensate the survivors of the decedent for pecuniary losses they sustained as a result of the decedent’s death....

The Superior Court of Pennsylvania has affirmed another trial court order transferring a case out of Philadelphia County. In Stoner v. Penn Kleen Inc. , the plaintiff was injured at Swopes Salvage...

In the underlying litigation, the WCJ granted the claimant’s claim petition and ordered the employer to pay two closed periods of benefits. As usual, the WCJ assessed interest at the rate of ten...