C&W Journal

June 28, 2013

In Pari Delicto Defense The importance of the in pari delicto defense in accounting and other professional liability cases

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 mutually at fault in causing the harm it suffered, the plaintiff cannot avoid its own liability and make a recovery against the defendant. See Feld...

June 28, 2013

How Do You Define Employee? The effects of the Construction...

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...

May 30, 2013

Releases of Liability are Better Than You May Think

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...

May 30, 2013

Shiner v. Ralston: The Superior Court Re-affirms and Explains the...

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...

May 29, 2013

Legal Update: Halvorsen v. Villamil

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...

May 26, 2013

Violence in the Workplace

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...

May 26, 2013

General Contractors and Statutory Employer Immunity Under Six L’s...

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...

April 29, 2013

West Virginia Supreme Court to Decide Horizontal Drilling Rights...

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...

March 05, 2013

Applicability of Obvious Condition Defense Not So Obvious

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...

March 05, 2013

Consumer Arbitration Provisions Continue to Evolve in West Virginia

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...

March 05, 2013

The Mental Injury Conundrum in Pennsylvania Workers’ Compensation...

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...

March 05, 2013

Video Surveillance of Employees—a Birds-Eye View for Employers

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...

January 04, 2013

Addressing Medicare Liens: Defendants Sanctioned for Refusal to Pay...

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...

January 04, 2013

Vagaries of Companionship: What it is Worth

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....

January 04, 2013

One Way Ticket Out of Town - Another Motion to Transfer Venue Granted

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...

January 04, 2013

“Interest”ing Decision for the Defense

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...

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...

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