Guerline Felix v. Brian V. Richards , New Jersey Supreme Court (Opinion Date: February 26, 2020) The New Jersey Supreme Court recently affirmed the lower courts' decisions rejecting GEICO's attempt to have Deemer apply zero Bodily Injury (BI) limits to out-of-state tortfeasor policies based on New Jersey's Basic Policy option. In Felix v. Richards...
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C&W Journal
March 03, 2020
NJ Supreme Court Affirms Lower Courts' Decisions in Felix v. Richards
September 27, 2019
DOL Issues Final Rule on Overtime Thresholds
On September 24, 2019, the U.S. Department of Labor announced a final rule to make 1.3 million American workers newly eligible for overtime pay. The final rule updates the earnings thresholds...
June 04, 2019
NJ PIP Reimbursement Disputes: To Arbitrate or Litigate?
The New Jersey Appellate Division recently handed down a published decision regarding NJ PIP subro claims against self-insured commercial auto tortfeasors. (The decision will also apply to PIP...
March 26, 2019
Medical Marijuana in PA Workers' Comp - More Questions than...
The legalization of marijuana for both medical use and recreational use is a hot topic in legal circles these days. There are many ramifications to both types of legalization, involving many...
February 28, 2019
Courts Crack Down on Spoliation But Reluctant to "throw the...
When a new trucking accident case is assigned to defense counsel, one of the first things to be accomplished is to ensure that all relevant evidence is accounted for and preserved. While most of...
September 11, 2018
New Jersey Governor Signs Legislation Limiting Fee Reduction for...
As many New Jersey Workers' Compensation defense practitioners are aware, the bona fide voluntary tender (or "VT") has been an effective vehicle to permit employers to offset a portion of attorney...
July 10, 2018
PA Supreme Court Interprets Section 319 of the Workers'...
The Supreme Court of PA has been very busy so far this summer with Workers' Compensation matters. Shortly on the heels of the Court's decisions in Whitfield and Pavlack , which dealt with Protz...
June 19, 2018
IREs Post-Protz - Does Timing Matter?
Decisions in two cases involving Impairment Rating Evaluations (IRE) were decided by the Commonwealth Court on June 6, 2018. The cases were Whitfield v. WCAB (Tenet Health System Hahnemann LLC)...
January 09, 2018
A Firm Can Avoid Conflicts By Making A Referral, Right?
Every lawyer has been taught that when a conflict of interest exists with a client, one solution is to make a referral to another lawyer. However, will the referral avoid a conflict of interest...
December 15, 2017
Attorneys Beware — Cybercriminals are After Your Client's Money
Remember the days of sending letters to clients and opposing counsel? Over the years, this practice has diminished and emails have become the most common type of communication. Email has become an...
August 15, 2017
The Settle and Sue Doctrine Revisited
In June 2017, the Pennsylvania Supreme Court granted a petition for allowance of appeal to consider whether it should overturn its decision in Muhammad v. Strassberger, McKenna, Messer, Shilobod ...
April 27, 2017
Dragonetti Act Held Constitutional, But Narrower Challenges Remain
The Pennsylvania Supreme Court, by split decision, upheld the constitutionality of Pennsylvania's Dragonetti Act. Villani v. Seibert , 66 MAP 2016; 2017 Pa. LEXIS 939 (April 26, 2017). As a...
February 01, 2017
Why You Need to Prepare for a Cyberbreach
As a profession, we must assess and prepare ourselves for the risks of a technologically connected world in order to continue in the tradition of serving our clients and keeping their confidences....
January 17, 2017
Protecting Firm and Client Information Against Cyber Risks
Technological advances continue to expand the scope of risks that the legal profession experiences in maintaining the privacy and security of privileged client information in a secure, yet...
November 27, 2016
Judge Allows Claim for Corporate Negligence Against Physicians...
Corporate negligence claims against a physicians practice group are often pled by plaintiffs in medical malpractice cases in an effort to implicate additional insurance coverage and bring the...
November 01, 2016
Treating Physician's Medical Reports Basis for Denial of Claim...
In Myers v. Geisinger , the claimant filed a claim petition alleging that he sustained an injury on October 28, 2015. Specifically, the petition alleged that the claimant sustained an aggravation...
November 01, 2016
Subsection (e) of the MCARE Act Swallows the Rule
The MCARE Act requires experts offering standard of care testimony to practice in the same subspecialty or possess the same board-certification as the defendant physician. However, these...
November 01, 2016
Subsequently Filed Petitions to Terminate — Factors Employers Need...
In Baumann v. WCAB (Kellogg Company) , No. 2603 C.D. 2015, the claimant petitioned for review of the Workers' Compensation Appeal Board's (WCAB) order affirming the WCJ's decision on remand...
November 01, 2016
NJ Case Law Update — Wage Reconstruction and the Katsoris Rule
A common argument made by petitioners' attorneys is in favor of wage reconstruction. This principle, as outlined in the seminal NJ Supreme Court opinion of Katsoris v. South Jersey Pub. Co ., 131...
November 01, 2016
EDI Forms Solution: Linking EDI Transactions with Filing Select...
On September 9, 2013, the Workers' Compensation Automation and Integration System (WCAIS) went live in Pennsylvania. From day one, the Bureau of Workers' Compensation (Bureau) has been faced with...
September 30, 2016
September is Upon Us, Which Means Rule Changes in NJ
The New Jersey Supreme Court amended and adopted new Rules Governing the Courts of New Jersey, effective September 1, 2016. Some of the highlights for the civil practitioner include changes to the...