The March 10, 2014 opinion by the Commonwealth Court in Young v. Workers' Compensation Appeal Board (Chubb Corp. and Federal Insurance Co.) is noteworthy, not for a new or groundbreaking holding, but because the decision by Judge Cohn Jubelirer highlights how frequently the area of subrogation is misunderstood. It also highlights why…
Read MoreOur latest appellate newsletter, highlighting February 2014 published decisions from the Pennsylvania Supreme Court, Pennsylvania Superior Court and Pennsylvania Commonwealth Court, is now available. Just click here to read the latest case law on ethics, medical malpractice (jury instructions), workers' compensation and sovereign immunity. To receive our monthly newsletter summarizing…
Read MoreLawyers who represent injured workers seeking benefits from the Pennsylvania Uninsured Employers Guaranty Fund (the UEGF) are used to its delaying tactics, and its abject failure to pay benefits even in the clearest cases. So it is no surprise that the UEGF appealed a decision awarding benefits in a claim…
Read MoreThe Superior Court of Pennsylvania has ruled on two high profile matters, one a medical malpractice case (Matharu v. Muir) with a long appellate history, the other affirming that disqualification of counsel is appropriate when the attorney has acquired confidential information in a prior representation substantially related to the current pending…
Read MoreJury Instructions - Error in Judgment - In Passarello v. Grumbine, the Pennsylvania Supreme Court ruled that an "error in judgment" jury instruction should never be given to the jury in a medical malpractice action. "If a defendant desires an instruction that conveys the principle that an unfortunate result does…
Read MoreThe Law Offices of Daniel J. Siegel, LLC has released the latest edition of its "Recent Pennsylvania Appellate Decisions" newsletter. Summarizing the most recent decisions (issued during January 2014) from the Pennsylvania Supreme Court, Pennsylvania Superior Court and Pennsylvania Commonwealth Court, the newsletter includes cases addressing underinsured motorist damages (and offsets),…
Read MoreUnderinsured Motorist Coverage -- Damages Offset - In AAA Mid-Atlantic Insurance Co. v. Ryan, the Supreme Court ruled that an insurance policy may provide that underinsurance benefits are offset by the damages the insured collects from all tortfeasors. Click here to read the full Opinion. Traditional Product Liability Causes of Action Are…
Read MoreOn December 26, 2013, in Ferguson v. Morton, No. 465 EDA 2013, 2013 PA Super 329, 2013 Pa. Super. LEXIS 4574, the Pennsylvania Superior Court reversed a Philadelphia trial court judge and reinstated a $575,000 verdict. Daniel J. Siegel and Molly Barker Gilligan, of the Law Offices of Daniel J. Siegel, LLC,…
Read MoreToday, Commonwealth Court Judge Robert Simpson issued his long-awaited decision concerning Pennsylvania's controversial legislation requiring voters to show identification before being able to vote. Specifically, Judge Simpson preliminarily enjoined the Commonwealth (and election officials) from requiring voters to show ID prior to being permitted to vote. The decision, in Applewhite…
Read MoreI have received two interesting points about cases in my newsletter. Marc Jacobs of Galfand Berger rightly notes that in MV Transportation v. WCAB, the Court indicated that an employer could file one utilization review petition for multiple physical therapists if the UR request names the doctor prescribing the physical therapy for…
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