Legal Updates

December 2011 Evidence Law Update
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The Court of Common Pleas of Cumberland County’s year old decision that all expert witness materials, including correspondence between the expert and counsel, are discoverable has been abrogated by the Pennsylvania Superior Court. Much to the relief of the plaintiff’s bar, and just as much (if not more) to the relief of the defense bar,… Continue reading December 2011 Evidence Law Update

November 2011 ERISA Update
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The Third Circuit Court of Appeals in U.S. Airways v. McCutchen, ___ F.3d ___,  2011 WL 5557411 (3d Cir. 2011), has held that an ERISA lien must be reduced by attorneys fees on the grounds that to permit the ERISA plan to recover otherwise would violate the equitable principle of unjust enrichment.  In McCutchen, the plaintiff… Continue reading November 2011 ERISA Update

October 2011 UIM Regular Use Exclusion Update
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The Pennsylvania Supreme Court, majority opinion by Justice Orie Melvin, in Williams v. GEICO has again upheld the “regular use” exception to underinsured motorist (UIM) coverage in Pennsylvania.  The regular use exclusion removes insurance coverage where it normally would exist when a vehicle is provided to you for your “regular use.”  Here, GEICO argued that… Continue reading October 2011 UIM Regular Use Exclusion Update

June 2011 Joint & Several Liability Update
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Governor Tom Corbett has signed a new law known as the Fair Share Act which will virtually eradicate the centuries old doctrine of joint and several liability in the Commonwealth of Pennsylvania.  Under the new law, liability in almost all cases involving more than one at fault party will be several and not joint.  What… Continue reading June 2011 Joint & Several Liability Update

June 2011 Lien Update
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Judge Herbert Kramer of Supreme Court, Kings County has ruled in his decision in the matter of Trezza v. Trezza that so called Medicare replacement health plans cannot place a lien on, or subrogate against, a personal injury case in New York.   Subrogation commonly occurs when a health insurance company that has paid for… Continue reading June 2011 Lien Update