Advisories

Recent Client Advisories


Advisories:

TT&H DEVISES BEST PRACTICES FOR DEALING WITH THE PROTZ DECISION!

Best Practices for Protz
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Proposed Maryland legislation attempting to further broaden the pre-litigation disclosure of policy limits fails.

During Maryland’s most recent legislative session, which ran from January 11, 2017 to April 10, 2017, legislation was proposed to expand the types of cases in which insurers must disclose policy limits to claimants before a lawsuit is ever filed.

CLIENT ADVISORY: PROTZ

The Supreme Court of Pennsylvania struck down the entire IRE procedure contained in the Workers’ Compensation Act. Protz v. W.C.A.B. (Derry Area School Dist.) declared the IRE measures unconstitutional because the legislature could not delegate to a non-legislative body the authority to promulgate impairment-ratings guidelines.

IMPORTANT NEW DECISION ON PUNITIVE DAMAGES

Appellate Court grants judgment notwithstanding a verdict and overturns a jury award of over $38 million in punitive damages arising out of a workplace shooting at Kraft Foods that killed two co-workers.

D.C. Increases Amount in Controversy Limit for Small Claims Court

The jurisdictional limit of D.C.’s Small Claims Court has increased from $5,000 to $10,000.

D.C. eliminates contributory negligence for motor vehicle accidents with non-motorized users.

On October 4, 2016, the District of Columbia’s Mayor, Muriel Bowser, signed into law D.C. Bill B-21.4, which is titled: “The Motor Vehicle Collision Recovery Act of 2016.”

Sackett UM/UIM stacking clarification expected from Pennsylvania Supreme Court.

On August 8, 2016, the Pennsylvania Supreme Court agreed to hear the insured’s appeal of Toner v. Travelers, 137 A.3d 583 (Pa. Super. Ct. 2016), which decision was previously summarized in the April 2016 edition of this this firm’s liability eNotes.

Ban the Box Client Advisory (Philadelphia Employers):

Significant amendments to the "Ban the Box" law are signed into law

Ban the Box Client Advisory (New Jersey Employers):

New Jersey Department of Labor and Workforce finalized regulations on inquiring into an applicants criminal background during initial application

Pennsylvania Supreme Court unanimously reverses Superior Court and limits attorneys’ fees recoverable in First Party Auto actions

Doctor’s Choice Physical Med. & Rehab. Ctr., v. Travelers Pers. Ins. Co.