Pennsylvania Supreme Court amends Rules of Civil Procedure to allow written Jury Instructions to be provided to Jury
After deliberating for over one year, the Supreme Court denied Nationwide’s petition for allowance of appeal, without explanation, in Sackett v. Nationwide, 2011 PA LEXIS 2897 (Dec. 2, 2011), declining an opportunity to clarify the law concerning whether new rejection of UM/UIM stacking forms are required upon the addition of a vehicle to an auto policy.
An en banc panel of the Pennsylvania Superior Court recently overturned a trial court’s decision and held that the Pennsylvania Rules of Civil Procedure protect the disclosure of communications between counsel and his expert witness.
Two recent cases dramatically affect Maryland’s doctrine of assumption of the risk, which alters the landscape in premises liability law and ice slip and fall cases. The assumption of risk doctrine bars a plaintiff from recovering when the plaintiff knows of a risk, appreciates a risk, and voluntarily encounters a risk.
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.
Governor Corbett signed into legislation the Pennsylvania “Fair Share Law” which took effect on Tuesday, June 28, 2011.
Third Circuit Court of Appeals applies “Discovery Rule” to claims of legal malpractice
AT&T Mobility, LLC v. Concepcion, 131 S. Ct. 1740 (2011)
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.
TT&H attorney Stephen E. Geduldig interviewed for article. The Daily News, Sunbury, PA, May 24, 2011
Attorneys resign from PBA membership on May 11, 2011.
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.
The Bureau of Workers' Compensation has released a revised Notice of Denial form which should be used beginning immediately.
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.
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
Thomas, Thomas & Hafer LLP is excited to announce it is now an approved provider for Human Resources and Pennsylvania Insurance continuing education courses.
On January 18, 2011, the Maryland Rules Committee’s Special Subcommittee to Study Contributory Negligence and Comparative Fault held its first meeting.
On December 29, 2007, the Medicare, Medicaid, and SCHIP Extension Act of 2007 (“MMSEA”) was signed into law by President George W. Bush.
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).
Tayar v. Camelback Ski Corporation, Inc. and Brian Monaghan
Before November 2, 2010, a plaintiff had to demand at least $10,000 in a complaint to have a right to a jury trial.
Maryland currently employs the doctrine of contributory negligence, which bars a plaintiff from recovering if the plaintiff is at fault.
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.
In February 2011, the Construction Workplace Misclassification Act (CWMA) will take effect.
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.
The First Judicial District has issued its report of verdicts for the first half of 2010
In the past month, two lawsuits have been filed in Maryland over the infestation of bed bugs.
House Bill 2246: Allowing Plaintiffs’ attorneys to argue specific pain and suffering damages amounts to a jury
ATTENTION commercial trucking companies and businesses which employ drivers
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.
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.
Recent addition of five new judges in Luzerne County
The Commonwealth Court recently issued two decisions that upheld immunity for local governmental entities involving injuries sustained on government-owned property.