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...

In a recently unpublished decision, [1] the New Jersey Appellate Division in Morales v. Schneider has illustrated, once again, how difficult it is for a plaintiff to overcome the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...

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...

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...

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...

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...

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...

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 Co. v. Rode’s Fireside Restaurant & Tavern , the New Jersey Superior Court, Appellate Division, in an unpublished decision 1 , held that a general liability insurer had a...

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...

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....

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...

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,...

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...

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...

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...

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...

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...

The issue of liability related to cellular telephone usage while driving has been the focus of several recent decisions in multiple forums. We previously highlighted the decision by a Pennsylvania...

In a matter of first impression, the New Jersey Superior Court, Appellate Division, held that the Wrongful Death Act, N.J.S.A. 2A:31-1 to -6 was broad enough to include as damages the amount of an...

In Bennett v. A.T. Masterpiece Homes at Broadsprings, LLC , the Pennsylvania Superior Court, in a published decision, held that “misleading conduct” was sufficient to impose liability under the...