In you read the newspapers and listen to the ads by the insurance companies, the biggest problem in workers' compensation is fraud by employees. According to some the entire system is filled with employees who are too lazy to work and just want to glom off the system. These doomsayers…
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 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 MoreTwo recent decisions by the U.S. Supreme Court and the Florida Supreme Court may have a significant impact on Pennsylvania cases. In Daimler AG v. Bauman, No 11-965 (January 14, 2014), the U.S. Supreme Court stepped into the murky waters of jurisdiction, with a decision that will almost certainly limit…
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 MoreAs a member of numerous bar associations, I know full well that they won't always take actions, or take positions, with which I agree. That's natural. For example, I was not a "fan" of the Association of Trial Lawyers of America's decision to change its name, or the efforts by…
Read MoreIn law school, legal writing professors teach us how to write like lawyers. But sometimes, in their desire to teach us how to think like lawyers, they forget that clear and persuasive writing is an essential piece of practicing law. Plus, because they (and we) are so focused on substance,…
Read MoreThe Pennsylvania Supreme Court has released its latest report on medical malpractice filings and verdicts, and they show an ongoing decline in the number of lawsuits filed, and in the number of verdicts in favor of plaintiffs. To read the various reports (including those from prior years), click here. Of…
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