Article by Todd B. Narvol & Stephen E. Geduldig appearing in USLaw Transportation eBrief Newsletter dated September 6, 2011, discusses Senate Bill 1131 (Act 17).
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The United States District Court for the Western District of Kentucky, applying Kentucky law, has ruled that an insurance carrier does not act in bad faith by delaying payment of a settlement pending receipt of Medicare’s reimbursable conditional payment amount.
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Governor Corbett signed into legislation the Pennsylvania “Fair Share Law” which took effect on Tuesday, June 28, 2011.
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Third Circuit Court of Appeals applies “Discovery Rule” to claims of legal malpractice
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AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011)
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On May 3, 2011, the New Jersey Supreme Court heard oral argument in the case of Karen Wood v. New Jersey Manufacturers Ins. Co., Docket No. A-44-10, addressing whether the judge or jury is to be the factfinder in a bad faith claim against an insurer under Rova Farms Resort, Inc. v. Investors Ins. Co. of Am., 65 N.J. 474 (1974). No decision has been issued to date and legal practitioners and insurers in New Jersey are watching closely.
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TT&H attorney Stephen E. Geduldig interviewed for article.
The Daily News, Sunbury, PA, May 24, 2011
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Attorneys resign from PBA membership on May 11, 2011.
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In light of the constantly evolving use of the internet, an emerging hot legal issue is whether a party's postings, comments or other on-line communications are discoverable in litigation.
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The Bureau of Workers' Compensation has released a revised Notice of Denial form which should be used beginning immediately.
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In a case reported in the March 2011 e-Notes, Gillard v. AIG Insurance Co., 10 EAP 2010 (Pa. Feb. 23, 2011), in a 5-2 decision, the Pennsylvania Supreme Court has ruled that the attorney-client privilege protects not only communications from the client to the attorney, but also communications from the attorney to the client.
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The United States Supreme Court recently affirmed that employers may be liable under a “cat’s paw” theory of liability, in which an unbiased supervisor makes an adverse employment decision against an employee based on the actions of a biased lower-level manager.
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Supreme Court Denies Allocator in Rettger v. UPMC, Leaving Intact the Superior Court's Intimation that Emotion Distress and Grief Damages May Be Recoverable Under Wrongful Death Act |
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Thomas, Thomas & Hafer LLP is excited to announce it is now an approved provider for Human Resources and Pennsylvania Insurance continuing education courses. |
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On January 18, 2011, the Maryland Rules Committee’s Special Subcommittee to Study Contributory Negligence and Comparative Fault held its first meeting. |
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In an exercise of rulemaking authority, the Pennsylvania Supreme Court's Rules Committee gave the Courts of Common Pleas authority to "at any time," "require, pursuant to a court order, various parties to attend a pre-trial conference, including an insurance or similar representative, who has authority to negotiate and settle the case." |
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On December 15, 2010, the United States Court of Appeals for the Third Circuit, which hears cases on appeal from the Pennsylvania District Courts, issued an opinion in Rea v. Federated Investors, 2010 U.S. App. LEXIS 25501(3rd Cir. Dec. 15, 2010). |
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On December 29, 2007, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“MMSEA”) was signed into law by President George W. Bush. |
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Tayar v. Camelback Ski Corporation, Inc. and Brian Monaghan |
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Before November 2, 2010, a plaintiff had to demand at least $10,000 in a complaint to have a right to a jury trial. |
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Maryland currently employs the doctrine of contributory negligence, which bars a plaintiff from recovering if the plaintiff is at fault. |
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On November 2, 2010, the Office of General Counsel for the National Labor Relations Board issued a press release, announcing that the Hartford Regional Office issued a complaint against American Medical Response of Connecticut, Inc., after an employee was terminated because of what she posted on Facebook. |
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The United States Court of Appeals for the 11th Circuit has recently decided a case addressing the allocation of proceeds from a settlement with a Medicare lien asserted. |
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In February 2011, the Construction Workplace Misclassification Act (CWMA) will take effect. |
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In a case of first impression before the United States Court of Appeals for the Third Circuit regarding the Lilly Ledbetter Fair Pay Act of 2009 (FPA), the court ruled on October 1, 2010, that failure-to-promote claims are distinct from discriminatory-compensation claims. |
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House Bill 2246: Allowing Plaintiffs’ attorneys to argue specific pain and suffering damages amounts to a jury WITHDRAWN from consideration by Senate |
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The First Judicial District has issued its report of verdicts for the first half of 2010 |
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In the past month, two lawsuits have been filed in Maryland over the infestation of bed bugs. |
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House Bill 2246: Allowing Plaintiffs’ attorneys to argue specific pain and suffering damages amounts to a jury |
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The Pennsylvania Superior Court holds where a vehicle is added to a policy by endorsement and not by application of an unlimited after-acquired-vehicle provision for continuous coverage, insureds are entitled to stack the UM/UIM coverages on all vehicles, despite an otherwise valid rejection of stacking, if the first named insured did not sign a new rejection form upon the addition of vehicles that increases the number of vehicles under the policy. |
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ATTENTION commercial trucking companies and businesses which employ drivers |
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A number of Rule changes effective in September 2010, have been adopted. Two of these affect citation to unpublished cases and the ability of judges to request interlocutory review on a requested appeal. |
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In a case that could alter the legal landscape for parties embroiled in business disputes, the Pennsylvania Supreme Court has granted allocatur to determine whether a Plaintiff may recover on a claim for intentional interference with contractual relations, even if the Defendant's statements were truthful. |
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Recent addition of five new judges in Luzerne County |
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The Commonwealth Court recently issued two decisions that upheld immunity for local governmental entities involving injuries sustained on government-owned property. |
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New Amendments To The Pennsylvania Mechanics’ Lien Law
Affects Waivers Of Liens On Residential Projects (October 2009) |
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The Pennsylvania Commonwealth Court recently issued two decisions that uphold immunity for local governmental entities under the Pennsylvania Political Subdivision Tort Claims Act. |
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Federal Rules of Civil Procedure were amended effective December 1, 2009. |
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Brooks v. Frattaroli, PICS Case No. 09-1709 |
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On June 10, 2009, the Governor of Pennsylvania passed what is being referred to as
Mini-COBRA. |
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In a case of first impression before the United States Court of Appeals for the Third Circuit regarding the Lilly Ledbetter Fair Pay Act of 2009 (FPA), the court ruled on October 1, 2010, that failure-to-promote claims are distinct from discriminatory-compensation claims. |
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In two opinions issued at the end of the Supreme Court’s most recent term, the Court has drastically altered existing precedent in the employment context
Ricci v DeStefano, 129 S. Ct. 2658 (June 29, 2009)
Gross v FBL Financial Servs., Inc., 129 S. Ct. 2343 (June 18, 2009) |
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Toney v. Chester County Hospital |
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Update on the Medicare Secondary Payer (MSP) Mandatory Reporting Provisions in Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA) |
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Pennsylvania has adopted the Home Improvement Consumer Protection Act,
PA SB 100 which is effective and enforceable on July 1, 2009. |
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On May 21, 2008, President Bush signed into law the
Genetic Information Non-Discrimination Act of 2008
42 U.S.C. § 2000ff, et seq. |
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Commonwealth Court Issues Order Vacating its Opinion in
Diehl v. W.C.A.B. |
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The Civil Rules Committee has issued amendments to
Pa R.C.P.1042.1 et seq. governing professional liability actions |
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Sackett v. Nationwide Mutual Insurance
No. 8 WAP 2006, Pa. Supreme Court, December 27, 2007
Everhart v. The PMA Insurance Group
No. 13 WAP 2007, Pa. Supreme Court, December 27, 2007 |
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At the urging of the Insurance Department, the Pennsylvania Supreme
Court has agreed to reconsider Sackett v. Nationwide |
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Sackett v. Nationwide, decided on April 17, 2007, has had major
repercussions in the motor vehicle insurance industry in Pennsylvania |
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Opinion on Time for Requesting IRE's:
Dowhower v. W.C.A.B. (Capco Contracting)
Opinion on Need for Attorneys at UC Hearings:
Harkness v. Unemployment Compensation Board of Review |
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