The former beneficiaries of a state health care program were not entitled to the money from a 2001 tobacco settlement that funded the insurance, the Pennsylvania Supreme Court has decided.
The former beneficiaries of a state health care program were not entitled to the money from a 2001 tobacco settlement that funded the insurance, the Pennsylvania Supreme Court has decided.
Citing the rapid advance of technology, a smartphone and computer repair company will not be able to enforce a noncompete agreement against a former employee, a court of common pleas judge has ruled.
An employee who did not directly tell her employer that she was able to return for work did not violate a reasonable expectation under workers' compensation law, and may therefore collect unemployment compensation for her termination, the Commonwealth Court has ruled.
Reinforcing a prior decision on a first-impression issue, the state Superior Court has ruled that a plaintiff's wrongful-death and survival actions against a nursing home facility will not need to be bifurcated so one claim can go to a jury trial and the other to arbitration.
Police should have secured a warrant before performing a blood test on an unconscious man suspected of driving under the influence, the state Superior Court has ruled.
Jolee Bovender joined Rawle & Henderson's Harrisburg office as an associate.
A motorcyclist who fractured her pelvis after being hit by a sedan in Dauphin County has settled her claim against the defendant driver for $1.2 million.
A Philadelphia jury has rendered a defense verdict for a pediatrician over claims that he failed to diagnose an infant's cataract.
Following is a listing of executive and regulatory action for the week of June 22. Members of the General Assembly were scheduled to return to session June 29.
Legislation that would limit liability for oil and natural gas drillers using coal mine water that has been treated cleared the state Senate Environmental Resources and Energy Committee.
Legislation that would require a state fiscal office to determine the cost of public-sector contracts before they take effect cleared the state House of Representatives State Government Committee. The bill, SB 644, has already won approval in the state Senate.
Have there been major changes in courtroom seating and conduct of lawyers during trial in the last 75 years?
Litigation involving mergers, asset acquisitions or other change-in-control transactions can give rise to complicated questions concerning the attorney-client privilege. In recent years, a developing body of case law has emerged regarding the control of the attorney-client privilege in the context of mergers and acquisitions.
Nearly 10 years after it was first introduced, the Protection of Victims of Sexual Violence or Intimidation Act takes effect in Pennsylvania on July 1, making it the 34th state to establish protection for sexual-assault victims. The act provides victims of sexual violence or intimidation a civil remedy that requires the offender to stay away from the victim regardless of whether the victim decides to seek criminal prosecution. While the PSVI Act is modeled closely after the Protection from Abuse Act, there are some key differences.
When the U.S. Supreme Court took up the appeal of Anthony Elonis' conviction in Elonis v. United States (Docket No. 12-983, Term 2014), under the federal criminal statute 18 U.S.C. Section 875 (related to the use of transmitting by interstate or commerce any communication threatening to kidnap or injure another person), observers and legal analysts surmised it was the court's first significant foray into social media speech and content.
In the early weeks of his administration, Gov. Tom Wolf raised questions about the limits of executive power, to which the other branches of government are now proffering contested answers. But conclusions from the state's high court are yet to come, and could reshape the way Pennsylvania treats its governors.
The Contractor and Subcontractor Payment Act does not apply to construction projects where the project owner is a government entity, the state Supreme Court has ruled in a unanimous decision.
Asserting innocence after pleading guilty does not provide sufficient reason for a trial court to grant a presentence request to withdraw the plea, the state Supreme Court has ruled.
When a plaintiff's attorney contacts only one potential expert to support a certificate of merit and that expert does not support the plaintiff's claims, a genuine issue of material fact exists as to whether the attorney breached his duty of care, the Superior Court has ruled.
A property owner can be ordered to pay municipal liens for utility bills neglected by his former tenants, even if he had no prior notice of the unpaid debts, the Commonwealth Court has ruled.
Raymond M. Roberts was promoted to partner at Rothman Gordon.
A Philadelphia jury handed up a defense win in a suit brought by an Illinois woman who said her use of the antidepressant Zoloft during pregnancy was the cause of her daughter's congenital heart defects.
A federal jury unanimously handed up a defense verdict, rejecting allegations of discrimination by Tom Burlington, the white news anchor who was fired by the Fox 29 television station after he used the word "n-----" in an editorial meeting.
Following is a listing of executive and legislative activity for the week of June 15. Members of the General Assembly were scheduled to return to session June 22.
Just agreeing on the size of the deficit for the next fiscal year is progress in budget negotiations between the Republican-controlled General Assembly and Democratic Gov. Tom Wolf.
Proponents of establishing a merit selection system for judges at the appellate level are trying yet again to get a bill through the General Assembly—twice, since it would amend the state Constitution.
I filed a lawsuit against several defendants, one of whom told me he wanted to give me a statement. Can I take one?
Imagine the following scenario: You make the decision to move your law office to a nearby town. Like most lawyers, you've got plenty of bills to pay, and you want to start increasing the flow of new clients to the new office as soon as possible. If you're like most attorneys today, you forget about the local newspaper and the Yellow Pages, and decide to concentrate your marketing efforts on the place where most of the public goes to find a lawyer these days: the Internet.
Family law practitioners and courts often assume that when an individual is receiving disability income, that individual does not have an earning capacity. This Q&A, with responses from vocational expert Jasen Walker, explains why this assumption is not always correct.
I've written regularly about communicating before, during and after crises in these pages. While new technologies and external events continue to change the environment in which we work and live, the basic tenets of crisis communication have generally remained stable: Respond and take ownership of your or your client's mistake if necessary; say what you're going to do to ensure that the mistake doesn't happen again; and provide a vehicle (a phone number and website) for your audience to learn more or ask questions. Perhaps it's now time to add a new tenet: Determine the potential for damage resulting from your mistake to your online reputation.
Increasing options and decreasing prices in portable and wearable technology, like Google Glass, have made it easier for the average person to capture moments in everyday life, but that ability comes with a plethora of legal questions regarding wiretapping, privacy and admissibility of evidence.
In the past three months, three high-profile civil suits over hazing and harassment have been filed against two universities in Pennsylvania, and that cluster of lawsuits is no coincidence, according to personal injury attorneys and defense counsel.
A bus passenger who fell during her ride will not be able to take her personal injury case to a jury without demonstrating unusual movement of the bus, the Commonwealth Court has ruled.
Aimee C. Bowers joined MacElree Harvey as an attorney in the business department.
The wife of a truck driver who was killed in a two-truck accident has reached settlement with the other driver, his employer and the company that leased to the employer.
A man who burned himself while cooking has been awarded $3 million for undergoing unnecessary skin grafts.
Following is a listing of executive and legislative action for the week of June 8. Members of the General Assembly were scheduled to return to session June 15.
Another one of Gov. Tom Wolf's budget items, a tax on shale drilling, has seemingly been shot down by Republican lawmakers.
The public pension crisis on the state level receives most of the attention, but pensions in some municipalities are likewise drowning in debt, and last week the state House of Representatives State Government Committee moved a bill that would change the pension system for all future hires of local police and fire departments.
I recently graduated from law school, but I have not yet been admitted to practice law in Pennsylvania. I am working with a law firm that has hired me with the understanding that as soon as I am licensed, I will be doing attorney work and become an associate in the firm. What can I do now?
The article titled "Attorneys Say AG Work Lags in Pennsylvania," published June 2 in The Legal, discussing consumer protection work, could not have been more off-base and was downright misleading. In fact, consumer protection in Pennsylvania has made a long overdue comeback under Attorney General Kathleen G. Kane's watch and we have the facts to prove it.
When negotiating consent decrees with a government agency, should the fact that the agency is a state or federal agency matter? If a state is not accorded the same deference toward its decision to enter into consent decrees—because it is enforcing a federal environmental law—how does the strategy change for state agencies and private parties?
Landowners in Kentucky may be emboldened by a recent decision by the Kentucky Court of Appeals that rejected an attempt by Bluegrass Pipeline Co. to obtain public utility status that would allow it to acquire easements pursuant to eminent domain.
The Pennsylvania Supreme Court has agreed to take up the question of appealability in consolidated actions, an issue over which the Superior and Commonwealth courts are at odds.
In an effort to revitalize a student loan debt program supporting attorneys who provide civil legal work for those who can't afford representation, the state Supreme Court has nearly doubled the fee for out-of-state attorneys to appear in Pennsylvania courts.
The new president of the Pennsylvania Bar Association said the organization's top legislative priority this year is working to prevent a sales tax on legal services.
An email update and Web posting from the Department of Environmental Protection did not constitute sufficient notice to initiate an appeal, the Commonwealth Court has ruled.
A physical therapy facility must turn over a list of potential eyewitnesses after a patient fell during an exercise, a court of common pleas judge has ruled.
Tucker Arensberg attorney Scott R. Leah was elected by the membership of the Allegheny County Bar Association for a three-year term to the Judiciary Committee.
The Federal Trade Commission's biggest settlement to date—$1.2 billion in a pay-for-delay case—came out of federal court in Philadelphia.
A jury in Philadelphia has awarded more than $527,000 to an energy plant worker who fell through scaffolding.
Following is a listing of legislative and executive action for the week of June 1. Members of the General Assembly were set to return to session June 8.
A punitive damages cap of 200 percent of the compensatory damages awarded in a lawsuit against personal care facilities would apply under SB 747, approved by the state Senate Banking and Insurance Committee last week.
Gov. Tom Wolf's budget proposal took a beating on the state House of Representatives floor last week, with no lawmakers voting for the plan.
I am a judge and I have served in the past on the board of trustees of my church and acted as an executor for a family member. May I continue with these activities until they are completed?
Many cases are ultimately won or lost because of early preparation or lack thereof. Spoliation can be a key to winning a liability case where there appears to be no apparent strong theory. This is especially true in premises liability cases, where relevant evidence is lost or destroyed.
When a physician implants a device in a patient, does informed consent require the doctor to tell the patient of any financial relationship the physician or the institution he works for has with the manufacturer or distributor of the product?
Increased media scrutiny of police brutality allegations seems to be affecting prosecutors' approach to allegations against first responders, some criminal defense attorneys have said. But a representative of Pennsylvania district attorneys said they have always assessed those situations carefully, and that has not changed.
In clarifying the application of a nearly 50-year-old case, the state Supreme Court has rejected an insurance carrier's argument that property owners, who were additional named insureds under a restaurant's commercial umbrella policy, were precluded from coverage under the policy's employer's liability exclusion.
A preponderance of the evidence standard can be applied to a statutory claim under the Unfair Trade Practices and Consumer Protection Law, rather than a clear and convincing evidence burden of proof, the Superior Court has ruled in a matter of first impression.
The state Superior Court has jurisdiction to hear all appeals regarding separate judgments in consolidated medical malpractice litigation, even though one of the judgments predated the others by almost two years.
The state Superior Court has remanded a sex-crime victim's Fraudulent Transfer Act suit for further consideration about whether the perpetrator and the businessman who purchased the perpetrator's small business are indispensable parties in the case.
Joel R. Burcat, a partner in Saul Ewing's environment and oil and gas practices, was appointed to the board of directors for the Pennsylvania Bar Institute.
A judge in the Eastern District of Pennsylvania has enforced a $100,000 settlement in an underinsured motor vehicle claim, ruling against the insurer.
A Dauphin County jury sided with the defendant in a medical malpractice case involving a patient's internal hernia and subsequent bowel transplant.
Following is a listing of legislative and executive action for the week of May 26. Members of the General Assembly were scheduled to return to session June 1.
State lawmakers returned to Harrisburg this week after a two-week break and, if some predictions are right, might not get another break from session for another couple of months. They face a June 30 deadline for the approval of a spending plan for the 2015-16 fiscal year that starts July 1, but most observers contacted said they expect the negotiation process to go well beyond that date.
Pennsylvania is missing an even bigger opportunity for a return on Marcellus Shale drilling due to an inadequate system of pipelines, business officials have repeatedly said.
In your articles, you often mention legal history and say understanding it is important for any lawyer. Why is it so important if a lawyer has clients and knows the law and is well prepared?
On April 1, U.S. Sen. Robert Menendez, D-New Jersey, and Dr. Salomon Melgen were charged in the District of New Jersey in a lengthy indictment, accused of conspiracy, bribery and honest services fraud.
Many would agree with Benjamin Franklin that silence is a virtue. However, I have never been known for keeping quiet. I recently received a magazine from a legal publisher and found so many law firm marketing mistakes and faux pas that my head began to spin.
In Procaps S.A. v. Patheon, No. 12-24356-Civ-Goodman (S.D. Fl. April 24, 2015), the court granted defendant Patheon Inc.'s motion to depose a court-appointed digital forensics expert who had conducted analysis regarding possible spoliation by plaintiff Procaps.
A commercial real estate company was not liable for hiring a contractor who was found negligent after a multi-alarm warehouse fire, as the plaintiff failed to show evidence of negligent hiring, the Superior Court has decided.
Neil A. Morris of Offit Kurman was appointed as special police labor counsel for Doylestown Township in Bucks County.
The Community College of Philadelphia was awarded $5.5 million in its suit against an architectural firm for using unlicensed personnel to work on the construction of a new campus facility.
Following is a listing of legislative and executive action for the week of May 17. Members of the General Assembly are scheduled to return to session June 1.
Pennsylvania's two state-level pension systems, the State Employees' Retirement System and the Public School Employees' Retirement System, are enormously underfunded and starting to strain the state budget, according to Auditor General Eugene DePasquale, whose office in January updated the status of municipal pension systems.
It started with a letter to lawmakers from a coalition of natural gas drilling interests and broader business associations. The letter said Gov. Tom Wolf's plan to impose an extraction tax on natural drilling in the Marcellus Shale would "set the commonwealth back instead of allowing the state to grow its economy, jobs and provide Pennsylvanians with lower energy bills."
I am a new lawyer and I am concerned about the amendments to the escrow and financial recordkeeping requirements for lawyers. Is there a bottom line that I have to comply with?
When might a workers' compensation claimant who files in Pennsylvania but receives medical treatment in another state have to pay medical expenses over and above the statutory rates her medical provider receives?
It is common practice in the oil and gas industry for only the lessor to sign an oil and gas lease. This practice has led to disputes in Pennsylvania regarding whether a lease signed by the lessor alone is valid under the Pennsylvania Landlord and Tenant Act's statute of frauds.
Clients often ask about their responsibility for college education. In Pennsylvania, neither parent has a legal obligation to pay for their child's college education. But in some cases it may be worthwhile for a parent to agree to pay a portion of the cost.
In what is shaping up to be the most expensive Pennsylvania Supreme Court race in history, the largest donations have come from lawyers, unions and lawyer-funded political action committees.
A homeowner's insurance carrier was within its rights to deny coverage to a man who provided the use of a dirt bike—and, allegedly, alcohol—to a 19-year-old who was fatally injured when he crashed the vehicle, the Superior Court has ruled.
The Commonwealth Court has upheld an arbitrator's "narrow" awards for SEPTA police officers who challenged their sick leave amounts.
Counsel for a disabled woman who won a $3 million verdict against the group home that was caring for her has filed a motion to "enforce stare decisis" in an effort to get the common pleas judge to proceed with a new trial on punitive damages.
An order over the application of an alternative dispute resolution provision is not immediately appealable as of right, the Superior Court has ruled.
Neil A. Morris of Offit Kurman was appointed as labor counsel for Plainfield Township in Northampton County.
An oil-and-gas drilling support services company has settled for $1.25 million a class action suit alleging that it failed to pay overtime.
A bicyclist has recovered $2.6 million in a settlement with various defendants following a 2012 crash with a mattress store truck.
Following is a listing of legislative action for the week of May 11. Members of the General Assebmly are set to return to session June 1.
Last week, the state Senate approved public pension reform legislation, SB 1, with a 28-19 vote, setting the stage for what is virtually unanimously expected to be a contentious budget battle between the General Assembly and Gov. Tom Wolf.
Legislation that would legalize the use of marijuana to treat certain medical conditions cleared the state Senate last week and is now before the state House of Representatives. A spokesman for the House Republican Caucus said there is no timetable for considering the bill.
I often take my computer or tablet to a seminar or court. I get the password for the Internet. I obviously take notes, but I also check email during the seminar. Should I be doing this?
The most important tool provided to a litigant to test the credibility of parties, witnesses and expert witnesses at trial, and thereby challenge the truth of the adversary's claims, is the right to conduct a thorough and cutting cross-examination.
U.S. District Judge Cynthia Rufe of the Eastern District of Pennsylvania recently decided motions in a case among successive owners of a property with an environmental problem. Her opinion in CSX Transportation v. 2712 Investors, Civil Action No. 14-7148 (E.D. Pa. Apr. 29, 2015), provides some useful reminders of very basic propositions about environmental due diligence in real estate transactions and the litigation that follows when things go wrong.
The language of an insurance policy must be clear and specific in order to effectuate the intent of the insurer and insured. Failure to sufficiently define key terms and conditions of a policy in a plain and unambiguous way can have the effect of broadening the scope of coverage of the insurance policy. For best practices, insurers should be advised to specifically define each term that may have an impact on the scope of coverage of their policies.
As Pennsylvania's Supreme Court justices took up an issue on health care rates and the Right-to-Know Law during oral arguments in Harrisburg last week, they eyed the use of "middlemen" for government functions, specifically the extent to which records of contracts and subcontracts should be publicly available.