Appellate Decisions

Commonwealth Court Squashes the Uninsured Employers Guaranty Fund’s Appeal

Lawyers 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…

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Superior Court Opines on Medical Malpractice & Ethics/Disqualification of Counsel

The 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…

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New Pa. Appellate Cases Tackle Medical Malpractice Jury Instructions and Delay Damages

Jury 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…

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Read the Latest Pennsylvania Appellate Decisions

The 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),…

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New Pennsylvania Supreme Court Opinions Address UIM Offsets & Pharmaceutical Claims

Underinsured 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…

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Voter ID Decision – A Public Opinion Not Available to the Public?

Today, 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…

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Comments About the May Appellate Decisions Newsletter

I 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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Read the Latest Pennsylvania Appellate Decisions

Our periodic newsletter, "A Summary of Recent Appellate Decisions from Pennsylvania and Other Jurisdictions," is now available, featuring summaries of important decisions from the Pennsylvania Supreme, Superior and Commonwealth Courts, as well as the U.S. Supreme and other federal courts. The newsletter focuses on decisions relating to civil procedure, causes…

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