Legal Updates

February 2012 Automobile Law Update
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The Pennsylvania Supreme Court, in answering a certified question of law from the 3rd Circuit, has held that under the MVFRL an uninsured driver injured in an MVC with an insured driver can sue in tort for economic damages.  In the case of Corbin v. Khosla, the Court has answered a question that accounted for some… Continue reading February 2012 Automobile Law Update

February 2012 Labor Law Update
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The Court of Appeals has held that a laborer injured after falling from a ladder while he was “cleaning” a “structure” in his employer’s factory is not entitled to the protections of Labor Law section 240(1).  In their decision in the case of Dahar v. Holland Ladder, et. al., the Court decided that, although the… Continue reading February 2012 Labor Law Update

January 2012 Damages Update
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The Court of Appeals in Toledo v. Ni Christo, 2012 NY Slip Op 00089, has ruled that the proper method for calculating award interest in a wrongful death action is to discount the verdict to the date of the death and award interest from that point forward to the date of the judgment. This wrongful… Continue reading January 2012 Damages Update

January 2012 NIED Update
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A split panel of the Pennsylvania Supreme Court has ruled that a mother may proceed with a cause of action for negligent infliction of emotional distress after a doctor interpreted her ultrasound during pregnancy as normal and her child was subsequently born with serious birth defects. Due to the fact the decision was split (3-3)… Continue reading January 2012 NIED Update

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