2014: CLOSING ARGUMENTS

December 30, 2014 by connorsodell

By Kevin L. Connors, Esquire Wrapping up 2014, there have been several key Pennsylvania Court Rulings that should be of interest to our followers, with a special acknowledgement to Dan Cummins and his excellent Tort Talk Blog: EXPERT DISCOVERY The Pennsylvania Supreme Court, in a much-anticipated Decision on whether an attorney’s communications with an Expert… Read more »

CONSOLIDATION DOES NOT BRING ADDITIONAL APPEAL OPPORTUNITIES FOR PLAINTIFF

December 29, 2014 by connorsodell

By: Robert F. Horn, Esquire December 24, 2014 Defendants in consolidated cases, worthy of a Summary Judgment, received an early Christmas present from a Superior Court En Banc panel that limited Plaintiff’s appeal opportunity. In Malanchuk v. Tsimura, 1379 EDA 2012, the En Banc Court ruled that the Plaintiff could not take an appeal from… Read more »

“AS TO FURTHER, OR NOT TO FURTHER?”

December 04, 2014 by connorsodell

By Kevin L. Connors, Esquire Hamlet beware! In Wetzel v. WCAB, decided by the Pennsylvania Commonwealth Court on May 27, 2014, the Court reversed the Decision of the Pennsylvania Workers’ Compensation Appeal Board, which had reversed a Decision of the Workers’ Compensation Judge, who had granted a Claim Petition filed on behalf of the Claimant,… Read more »

VENUE MENUS: FORUM NON-CONVENIENS AFFIRMED BY PENNSYLVANIA SUPREME COURT IN BRATIC VS. RUBENDALL AND THE PENNSYLVANIA SUPERIOR COURT IN LEE VS. BOWER LEWIS THROWER, ET AL.

December 04, 2014 by connorsodell

By Kevin L. Connors, Esquire Okay, so we are a few months behind in reporting on an important Decision by the Pennsylvania Supreme Court, effectively widening the discretion a Trial Court has, in granting a transfer of venue, applying the forum non-conveniens doctrine when key witnesses reside in distant counties. Bratic was decided by the… Read more »

FARMING OUT PHARMACEUTICALS

November 18, 2014 by connorsodell

FARMING OUT PHARMACEUTICALS By Kevin L. Connors, Esquire Effective as of December 27, 2014, the Pennsylvania General Assembly, in its infinite wisdom, has grabbed the prescription drug reimbursement bull by the horn, in an Amendment to the Pennsylvania Workers’ Compensation Act, under House Bill No. 1846. The Amendment is Act 184, signed into law by… Read more »

DOMTAR UPDATE: Will the Pennsylvania Supreme Court Allow a Direct Action for Workers’ Compensation Subrogation?

November 17, 2014 by connorsodell

By: Robert F. Horn, Esquire November 14, 2014 The fight for a workers’ compensation carrier’s right to file a direct subrogation action against responsible third parties was argued before the Pennsylvania Supreme Court on October 8, 2014, and the Supreme Court’s decision still hangs in the balance. Liberty Mutual a/s/o George Lawrence v. Domtar, 19… Read more »

PENNSYLVANIA GOING TO WORK DECISIONS

November 14, 2014 by connorsodell

By Kevin L. Connors, Esquire Two recent Pennsylvania Commonwealth Court Decisions review the importance of factual nuances in determining whether Employees driving to work are within the course and scope of employment when injured in automobile accidents. The Decisions are Dane Holler v. WCAB (Tri Wire Engineering Solutions, Inc.) and Joseph Simko v. WCAB (United… Read more »

DEFENDING SLIP AND FALLS

September 15, 2014 by connorsodell

By Kevin L. Connors, Esquire Faced with a slip and fall personal injury claim, property owners and their insurers need to analyze several key elements in the course of evaluating and defending these highly fact-sensitive claims. With Pennsylvania Trial and Appellate Courts applying principles set forth in the Restatement (Second) of Torts, the considerations that… Read more »

DOMTAR UPDATE: PENNSYLVANIA SUPREME COURT ANNOUNCED ORAL ARGUMENT DATE TO DECIDE IF THERE IS A DIRECT RIGHT OF WORKERS’ COMPENSATION SUBROGATION IN PENNSYLVANIA

September 12, 2014 by connorsodell

By: Robert F. Horn, Esquire CONNORSLAW, LLP On October 8, 2014, I will be arguing the Domtar case, before the Pennsylvania Supreme Court, captioned as Liberty Mutual as Subrogee of George Lawrence v. Domtar, et al, 19 WAP 2014. In all, six briefs and two motions were filed by the two parties and by five… Read more »

CRUZIN’ FOR A BRUISIN

August 11, 2014 by connorsodell

By Kevin L. Connors, Esquire This is the story of David Cruz, an undocumented worker, in Pennsylvania, who successfully secured an award of workers’ compensation benefits, with Cruz invoking his Fifth Amendment Right against self-incrimination, when questioned at the hearing before the Workers’ Compensation Judge as to his immigration status, with the Pennsylvania Supreme Court… Read more »