C&W Journal

September 28, 2015

Plead First; Discovery Second

In Becker v. Smith & Nephew, Inc. , the District Court of New Jersey recently held that plaintiffs could not compel answers to pre-complaint discovery in order to form the basis of the complaint. The plaintiffs sought to file FDA parallel violation claims (claims premised on alleged violations of the Food and Drug Cosmetic Act and “parallel”...

September 28, 2015

Informed Consent Deemed Irrelevant in Certain Cases

In Brady v. Urbas , 111 A.3d 1155 (Pa. 2015), the Pennsylvania Supreme Court affirmed the Superior Court’s decision to vacate judgment in favor of the defendant physician, Dr. Urbas, and remand...

September 28, 2015

What Has the NJ Legislature Been Up to Lately?

New Jersey recently passed a noteworthy insurance fraud law and is about to pass an anti-indemnification law in the field of transportation. First and foremost, it is now an insurance fraud in New...

September 28, 2015

IME Letters and Specific Questions to Be Answered

In a recent case, the question of whether the IME (Independent Medical Evaluation) letter asking specific questions is discoverable by the claimant’s counsel came about. As you may know, the IME...

September 28, 2015

A Statutory Interpretation That Limits First Party Medical Benefits

On May 27, 2015, The Honorable Robert J. Mellon granted a summary judgment motion in the matter of Piszel, D.C. d/b/a Graham Chiropractic vs. Erie Insurance Exchange , No. 2013-09740. An Erie...

September 28, 2015

No Strict Liability for Prescription Medical Products in Pennsylvania

Two recent decisions from the Pennsylvania district courts hope to (finally) clarify what several judges have held for years: Pennsylvania courts do not recognize strict liability for prescription...

September 28, 2015

Redefining “Injury”—One Giant Step for Cyber Breach Plaintiffs

Class action suits over stolen customer information were quickly becoming the next big thing in litigation. Companies, including Target, were in the crosshairs of plaintiffs’ attorneys hoping to...

July 29, 2015

New Area for an Award of Penalties—Mandatory Mediations?

A recent trip to the Appeal Board led me to write this article. While in attendance on a different matter, I learned of a case where the trial judge awarded a penalty for violation of the Special...

July 29, 2015

Superior Court Holds that Specific Allegations of Agency Are Not...

In the case of Estate of Denmark, v Williams , (Pa. Super. April 28, 2015), a three-member panel of the Superior Court reversed a trial court’s entry of summary judgment for a defendant-hospital...

July 29, 2015

Sweeping Pennsylvania Child Protective Services Law Changes

Pennsylvania’s Child Protective Services Law (CPSL) was amended in 2014 to include substantive changes to the requirements for the mandatory reporting of child abuse and neglect. The new law...

July 29, 2015

New Jersey Insurance Coverage Update

Plaintiff Robert Occhifinto (Occhifinto) filed suit against defendant Robert S. Keppler Mason Contractors, LLC (Keppler) and others, seeking damages for alleged defective construction of an...

July 29, 2015

Potential Spoliation of Evidence Sufficient to Defeat Defendant’s...

In Rodriquez v. Kravco Simon Company, A.2d, 2015 Pa. Super. 41 (2015), the Superior Court reversed the trial court’s decision granting summary judgment in favor of the defendant property owner in...

May 13, 2015

2015 Legislative Session Overview

The 2015 West Virginia Legislative Session recently concluded. Multiple bills were passed during the session that will significantly impact the future of West Virginia’s legal system. These newly...

May 13, 2015

Significant Pennsylvania Supreme Court Decision Applied Retroactively

In November 2014, the Pennsylvania Supreme Court issued the much anticipated opinion of Tincher v. Omega Flex . While the state of product liability law was significantly altered in the...

May 13, 2015

Trivial Has to Be Trivial

A daylight accident involving an open and obvious “trivial” defect is the best that one could hope for, short of a freshly poured, pristine sidewalk, when defending the typical sidewalk claim...

May 13, 2015

Under What Circumstances Can Unreasonable Contest Attorney’s Fees...

The Commonwealth Court of Pennsylvania recently decided a fascinating case, involving what was described as a “frivolous” appeal filed by the claimant. The most stunning element of the decision...

May 13, 2015

Superior Court Signals Support for Expert Opinion Testimony on...

In a May 12, 2014, Memorandum Opinion, the Superior Court affirmed a multi-million dollar verdict in a trucking case where more than one million dollars in punitive damages was awarded. In so...

May 13, 2015

Science Matters: Expert Admissibility Changing the Course of...

Judge Nelson C. Johnson, a New Jersey State Court judge, recently barred testimony of the plaintiffs’ two general causation experts, Dr. Arthur Kornbluth and Dr. David Madigan, in the state’s...

March 26, 2015

Recent Case Allows Suspension of Benefits, Despite Ongoing Wage Loss

Workers’ Compensation benefits can be suspended when there is a wage loss due to economic conditions. Recently, the Commonwealth Court affirmed an employer’s petition to suspend wage loss benefits...

March 26, 2015

Restructuring Pennsylvania’s Powers Of Attorney

In response to the Pennsylvania Supreme Court’s decision in Vine v. Commonwealth of Pennsylvania, State Employees’ Retirement Board, 607 Pa. 648; 9 A.3d 1150 (2010), the Pennsylvania legislature...

March 26, 2015

Driveway Immunity Exceptions

A little known section of Pennsylvania law, the Driveway Immunity Provision, 35 P.S §7210.502 (b)(4)(i) of the Construction Code Act, and 53 P.S.§10508(6) of the Municipalities Planning Code, may...

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