Pennsylvania Law Weekly News

Superior Court Rules Unlisted Resident Driver Exclusion Is OK

By Max Mitchell |

A policy issued by Safe Auto Insurance Co. that excluded coverage for non-family members who live with the vehicle owner but were not specifically included in the policy is enforceable under the state's Motor Vehicle Financial Responsibility Law, the Pennsylvania Superior Court has ruled.

Football

Coach Not Liable for Student Football Player's Brain Injury

By P.J. D'Annunzio |

A federal appeals court has ruled in the case of a student-football player who suffered a traumatic brain injury during practice that while there was evidence of state-created danger, the coach did not violate the student's constitutional rights.

Court: Sexually Inappropriate Teacher's Reinstatement Violated Public Policy

By Ben Seal |

An arbitration award that reinstated a teacher accused of making repeated sexually explicit comments toward his female co-worker violated the public policy against sexual harassment and cannot be enforced, the Commonwealth Court has ruled.

retrieved 10/2015-   Geico sign in Miami, Fl.

Geico Can't Halt Bad-Faith Claim in UIM Case, Court Says

By P.J. D'Annunzio |

Geico can't put the brakes on a bad-faith case stemming from underinsured motorist benefits a plaintiff says they are owed as part of a rear-end collision claim, a federal judge has ruled.

Decision to Coordinate Related Law Firm Disputes Upheld

By Zack Needles |

The Pennsylvania Superior Court has upheld a trial judge's decision to coordinate several actions stemming from allegations of mishandled funds at the Harvey Pennington law firm.

The Lawyer Represents the Insured or the Person With the Problem, Not Both.

By Samuel C. Stretton |

I read your article about the independence of outside counsel versus in-house corporate counsel. I have seen more and more litigations are being handled in-house by insurance companies either through staff counsel or through "captured law firms," even though those firms might have the appearance of a private firm but they are owned by the insurance company. Is this ethical or does it create issues?

Divorce decree, gavel and folder shot on warm wooden surface

Arbitration May Be Warranted in Some Divorce Cases

By Carolyn R. Mirabile |

Often when clients hire an attorney they believe their issues are so difficult, they will most likely end up in court. But attorneys can provide alternatives to their clients. One such alternative for complex divorce or support issues is private arbitration. This alternative to court can be extremely beneficial to clients in a divorce.

New Developments in Oil and Gas Regulations Over the Last Year

By Ariel N. Forbes |

Over the course of the last year, Pennsylvania has experienced a variety of regulatory and legislative developments and proposals relating to oil and gas activity in the state, specifically with regard to environmental rulemaking for unconventional wells, remedies for failure to pay minimum royalties, streamlined permitting procedures for unconventional wells and related infrastructure and severance taxes.

How Will Pa. Implement the Environmental Rights Amendment?

By David G. Mandelbaum |

The Pennsylvania Supreme Court's June decision in Pennsylvania Environmental Defense Foundation v. Wolf, 161 A.3d 911 (Pa. 2017) (PEDF), has sparked many conversations about how the newly interpreted Environmental Rights Amendment to the Pennsylvania Constitution will be implemented.

PLW People in the News—Sept. 26—McNees Wallace & Nurick

McNees Wallace & Nurick attorney Kandice K. Hull was accepted into membership with the Litigation Counsel of America.

verdicts and settlements

Poor Loading-Dock Procedures Cause Of Man's Accident

On May 28, 2015, Paul Michalec, 47, a chief engineer for a hotel, drove with a co-worker to American Supply Co. Inc., in Philadelphia. They were picking up materials to bring back to the hotel.

verdicts and settlements

Defense: Motorcyclist Caused Fatal Crash, Not Other Drivers

On May 5, 2014, plaintiff's decedent, Lawrence Paden Jr., 26, unemployed, was riding a motorcycle west on Manley Road in West Chester. At the same time, ahead of him, Kathryn Kelleher was stopped on the road, waiting to complete a left turn onto eastbound Marley Road from a driveway on Paden's left side.

Capitol Report

Following is a listing of executive and legislative action for the week of Sept. 18. The state Senate was continuing in session at press time; the Pennsylvania House of Representatives was set to return to session on Monday.

Memo: Raise Audit Requirements for Charities' Financial Reports

By Victoria Hudgins |

A Pennsylvania state senator wants to increase the audit requirements for financial reports for charitable organizations.

State Rep Proposes New Disclosure Requirement for Insurers

By Victoria Hudgins |

Insurance groups practicing in Pennsylvania would be required to submit a corporate governance disclosure to the state’s regulator annually under a new law proposed by state Rep. Tina Pickett, R-Bradford.