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 opportunity to change its terms. Even if the contract makes commercial sense and the contractor is willing to enter into the agreement, the contractor still...
Insights and analysis from our attorneys
C&W Journal
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...
July 29, 2012
Potential Liability for Texting to Driver
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...
July 29, 2012
Sometimes Timing is Everything
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...
July 29, 2012
Misleading Conduct Violates Pennsylvania’s Consumer Protection Law
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...
May 08, 2012
Dismissal Obtained - Summary Judgment in Underinsured Motorist...
Attorneys Matthew K. Mitchell and Marc R. Jones of Cipriani & Werner’s (C&W) Marlton, New Jersey, office obtained summary judgment and a dismissal of all claims with prejudice for their...
May 08, 2012
Attention to Detail Results in Summary Judgment for Client
Attorney Stephen H. Franko, IV, of the Scranton office of Cipriani & Werner, P.C., recently removed a client, a municipality, from liability for a premise claim by successfully arguing a...
May 08, 2012
Limiting Delay Damages - Rule 238 Settlement Offers
Many factors can delay the ultimate resolution of a case, not least of which is the backlog of cases in many Pennsylvania courts. It is not uncommon to see cases tried in 2012 that arise out of...
May 08, 2012
Practically Speaking—The Use of Social Media in Workers'...
When can a person be in their own home, alone, with the windows and doors closed and have a limited expectation of privacy? It may sound like the beginning of law school exam question, but this is...
May 08, 2012
Fatal Claim Benefits Awarded
The Commonwealth Court of Pennsylvania has held that a determination of certain treatment in the nature of prescription medications being not reasonable or necessary medical treatment is...
May 08, 2012
West Virginia Signs Bills That Directly Affect The Motoring Public
On April 3, 2012, West Virginia Governor Earl Ray Tomblin signed two separate bills that affect drivers on West Virginia roads and their insurers. One bill prohibits texting and limits the use of...
May 08, 2012
No Punitive Damages for Cell Phone Usage While Driving
The C&W Journal previously reported on the decision of a Northampton County Court of Common Pleas case, Xander v. Kiss , wherein the Court held that using a cellular telephone while driving...
May 08, 2012
The Perfect Recipe for a Successful Mediation
Mediation is now a staple of modern day litigation—required by many courts, suggested by many opposing counsel, and the preferred avenue of clients and carriers alike in avoiding the uncertainty...
May 08, 2012
Med-Pay Barred by Regular Use Exclusion
In Vann v. Mercury Indemnity Co. of Amer ., the New Jersey Superior Court, Appellate Division, in an unpublished decision 1, held that the regular use exclusion in the plaintiff’s personal...
May 08, 2012
Hey, You Owe Me! - Equitable Contribution Among Insurers
In Potomac Ins. v. PMA , the New Jersey Superior Court, Appellate Division, held that One Beacon Insurance Company (One Beacon) could institute an action seeking to recover defense costs from the...
March 01, 2012
No Punitives for Talking on Cell Phone While Driving
The matter of Xander v. Kiss , 2012 WL 168326, venued in the Court of Common Pleas of Northampton County, Pennsylvania, involved the novel issue of whether an alleged tortfeasor could be subject...
March 01, 2012
Supreme Court Revisits the Retained Control Exception to Rule...
The Pennsylvania Supreme Court has recently “retained control” exception to the general rule that a property owner who employs an independent contractor is not liable for injuries to the employees...
March 01, 2012
The Importance of Jurisdiction in Workers’ Compensation Claims
With the recent oil and natural gas developments, jurisdictional issues are increasingly beginning to arise; Pennsylvania and related workers’ compensation claims are no exception. Recently, two...