The New Jersey Workers’ Compensation Court recently issued an opinion in the matter of Burn Surgeons of St. Barnabas v. Shop Rite concerning the payment of medical treatment in the context of a...

While we typically think of workers’ compensation as an arena where the fault of the injured worker plays no part, Section 301(a), 77 P.S.§431, of the Pennsylvania Workers’ Compensation Act (Act)...

On November 23, 2011, an en banc panel of the Pennsylvania Superior Court in Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, 2011 PA Super 251 (Pa. Super. Ct. 2011), overturned a...

In Jacoby v. Sims, 101 Luz. Reg Reports 46 (Van Jura, J. ,2011), defendant filed Preliminary Objections to strike any and all claims of recklessness and/or punitive damages from the plaintiff’s...

Proper venue is determined by the Pennsylvania Rules of Civil Procedure. For corporations, the rules dictate that litigation can only be commenced in the county where the cause of action arose;...

Litigating in the Court of Common Pleas of Philadelphia, Pennsylvania, is seen by defendants as a risky proposition, especially for personal injury claims. The venue is known for having the most...

The Pennsylvania Legislature is currently considering House Bill 1976 (“HB 1976”) which will significantly limit the list of counties where a plaintiff may bring a personal injury action—although...

On November 9, 2011, Pennsylvania Governor Tom Corbett signed Senate Bill 314 into law, which will ban text messaging while driving. The new law goes into effect in March 2012. The ban is subject...

As anticipated in our previous C&W Journal (when a new bill had only just been placed on the Pennsylvania House agenda), the “Fair Share Act” is now law in Pennsylvania, having been signed by...

On March 15, 2011, the New Jersey Supreme Court decided the case of Tina Kieffer v. Best Buy, 203 N.J. 93 (2011), which will impact parties who enter into indemnification agreements with vendors...

I. Present Responsibility of Defendants Under current Pennsylvania law, if you are a defendant in a lawsuit with at least one other defendant and are joint tortfeasors*, you may be responsible for...

Title VII of the Civil Rights of 1964 prohibits an employer from engaging in discriminatory employment practices on the bases of race, color, religion, sex, or national origin. The United States...

Under 42 U.S.C.§ 1988, a prevailing party in a civil rights lawsuit brought pursuant to 42 U.S.C.§ 1983 may seek a reasonable amount of attorney’s fees, as well as costs of litigation. The Supreme...

The Employer’s Role in Settling Claims In 1996, the Pennsylvania Legislature passed Act 57. The legislation has had a dramatic effect on how workers’ compensation cases are handled. One of the...

C&W is pleased to report a major success in its appeal to the Pennsylvania Supreme Court on behalf of its resort client in a personal injury action brought by a skier who fell while boarding a...

Cipriani & Werner, P.C. successfully defended an appeal to the Commonwealth Court arising out of the trial court’s denial of Plaintiff’s Post-Trial Motion. In the case of Tucker v. Bensalem...

In this case, the Claimant sustained an eye injury sometime in 1979 or 1980. Claimant was a nurse cleaning the tracheotomy of a patient with herpes simplex virus (“HSV”). The patient coughed...

One of the greatest pitfalls in mitigating indemnity exposure occurs where the employer fails to make a legally sufficient job offer that will hold up in litigation. In the most common real world...

In Bowlaway Lanes, the Claimant sustained a work-related injury in 1975 while employed by Eleventh Frame Lounge. The injury resulted in the replacement of Claimant’s hip with a prosthesis....

In order to obtain a remedy under Title 42 U.S.C.§1983, a plaintiff must assert the violation of a federal right, not merely the violation of a federal law. Whether a federal statute creates such...