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 percent per annum on all overdue benefits and directed the employer to pay all reasonable and necessary medical expenses incurred by the claimant. On...
Insights and analysis from our attorneys
C&W Journal
January 04, 2013
“Interest”ing Decision for the Defense
January 04, 2013
What is Cyber Risk and Why Should You Care?
As counsel to numerous professional firms and associations, I am frequently asked about cyber risk. As technology continues to advance, we have more and more information stored in electronic...
January 04, 2013
Court Raises Bar on Products Liability Defense
On November 26, 2012, the PennsylvaniaSupreme Court voted 5-1 to affirm the Superior Court’s ruling that defendants Asia Trent Inc., Remington Arms Co., RA Brands, and the Sportsman’s Guide failed...
January 04, 2013
New Jersey PIP Reimbursement Limited to Policy Limits, Not Amounts...
In AIG Centennial Ins. Co. v. Thompson , A-4358-11T2, (App. Div. Nov. 19, 2012), the New Jersey Superior Court, Appellate Division, in an unpublished opinion [1] , held that an insurer who paid...
January 04, 2013
UM Insurer Bound by Arbitration Award if Share is Less Than...
In Badiali v. New Jersey Manufacturers Ins. Grp. , the New Jersey Superior Court, Appellate Division, in an published decision, held that an uninsured motorist (UM) carrier is precluded from...
January 04, 2013
New Jersey Liability Legal Update
In a recently unpublished decision, [1] the New Jersey Appellate Division in Morales v. Schneider has illustrated, once again, how difficult it is for a plaintiff to overcome the exclusive remedy...
January 04, 2013
New Jersey Premises Liability Legal Update
In Kandrac v. Marrazzo’s Mkt. , the New Jersey Superior Court, Appellate Division, in a recently published decision, held that a commercial tenant in a multi-tenant shopping center does not owe a...
January 04, 2013
Asset Protection Beyond the Umbrella (Good, Better, Best - At Least...
Recently, I was engaged in the topic of Asset Protection. A CPA standing nearby scoffed at the topic and said, “Just buy an umbrella.” It occurred to me that even a well-respected professional did...
November 05, 2012
I Say “Tomato”—You Say “Liable?” You now may be considered a ...
The Supreme Court of Pennsylvania recently changed the definition of who can be considered a “statutory” employer in Pennsylvania Workers’ Compensation cases in its recent Decision in Six L’s...
November 05, 2012
Bridge Collapse Provides Defense to Rescue Doctrine Suit
Recently, the Pennsylvania Supreme Court had occasion to analyze the interplay between the rescue doctrine and the doctrine of superseding cause. The rescue doctrine provides it is not...
November 05, 2012
Defendants No Longer Entitled to Credit for UIM Payments
In an en banc decision issued on September 28, 2012, the Superior Court reversed previous case law and held that a defendant is no longer entitled to a credit against a verdict for any UIM...
November 05, 2012
Court Finds Duty to Defend Intoxicated Employees
In Harleysville Ins. Co. v. Rode’s Fireside Restaurant & Tavern , the New Jersey Superior Court, Appellate Division, in an unpublished decision 1 , held that a general liability insurer had a...
September 29, 2012
CMS Determines TENS Use Not Payable for Chronic Low Back Pain and...
In 2010 a report by the Therapeutic and Technology Assessment Subcommittee of the American Academy of Neurology concluded that use of a TENS unit was ineffective in the treatment of chronic low...
September 29, 2012
Specific Loss Analysis is Less than Specific
Section 306(c) of the Pennsylvania Workers’ Compensation Act (Act), 77 P.S.§513, directs that compensation shall be payable for disability as a result of the permanent loss of various body parts....
September 29, 2012
Knowledge Equals . . . Liability
In Rabovsky v. Foster Wheeler, LLC , a case recently decided by the United States District Court for the Eastern District of Pennsylvania, the plaintiff, Rabovsky, alleged that while working as an...
September 29, 2012
Strategic Joinder to Defeat Venue Transfer
Venue can often mean the difference between a win and a loss, or a six-figure case and a seven-figure case. When the case can be moved to a better venue, in most instances it should. Knowing that,...
September 29, 2012
How a Contractor Can Better Manage Its Construction Contracts
Whether a contractor is acting as a prime contractor (having a contract with the project owner) or a subcontractor, contractors are often presented with a contract to sign with little or no...
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...
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...