The Pennsylvania Supreme Court ruled today - in a 3 to 2 decision - that Section 319 of the Workers' Compensation Act, 77 P.S. 671, does not permit employers/insurers to commence an action directly against third party torfeasors. The decision, in Liberty Mutual Insurance Co. v. Domtar Paper Co., affirmed the…
Read MoreIn Zauflik v. Pennsbury School District, the Pennsylvania Supreme Court rejected a challenge to the damages cap of $500,000 applicable to claims against local government agencies under the Tort Claims Act, 42 Pa. C.S. §§ 8501-8564. The case involved a school student who suffered severe and permanent injuries when she…
Read MoreIn a much anticipated opinion, the Pennsylvania Supreme Court finally held that Pennsylvania will not depart from the strict liability standard for product liability cases set forth in Section 402A of the Restatement (Second) of Torts. In recent years, a divide arose between those favoring the existing strict liability standard…
Read MoreIn a recent Opinion, the U.S. Court of Appeals for the Third Circuit has dramatically weakened the “mailbox rule,” which created a presumption that a letter was presumed to be received once the sender deposited it into a mailbox. It is about time that the courts examined this rule more…
Read MoreOne of the first things they teach you in an arbitration class is that the Court may not overturn an arbitration award merely because it disagrees with the arbitrator’s reasoning. But, the Court did just that in School District of Philadelphia v. Philadelphia Federation of Teachers, Local 3. On July…
Read MoreOn July 10, 2014, the Pennsylvania Supreme Court erased any doubt that it intended to bar all discovery of communications between counsel and experts by amending Pa.R.Civ.P. 4003.5 to prohibit such communications. The amendment, effective August 9, 2014, confirms the Supreme Court’s Opinion in Support of Affirmance in Barrick v.…
Read MoreOn June 16th, the Pennsylvania Supreme Court favored litigants with limited funds over companies trying to make a profit reproducing records, ruling that medical providers and companies that provide medical records to the public may only charge the actual and reasonable expenses of reproducing the records, provided those expenses do…
Read MoreIn the last week, two Commonwealth Court opinions highlight the difference between the Court’s stated view – that it won’t overturn credibility findings supported in the record – and the reality that Courts do it all the time when they desire a specific result. One of the cases, Arvilla Oilfield…
Read MoreWhen we represent injured workers, we make sure that we notify the right parties so that our clients right to receive wage losses and payment for medical care is protected. A new Commonwealth Court opinion highlights why. Although injured workers have 3 years to file a Claim Petition, a literal…
Read MoreNumerous legal issues arise when employees are injured while commuting to work. In National Casualty Co. v. Kinney, the Superior Court (on April 25, 2014) addressed the issue of ridesharing. In particular, the Court held that an employee is not within the course and scope of his or her employment when commuting…
Read More
