Publications
Ohio Appeals Court Affirms Dismissal of Complaint by the Estate of Decedent Who Intentionally Created Accidents with Tractor Trailers
A fantastic set of facts saw a lower court’s ruling affirmed by the appellate court when a motorist/decedent, whose actions were interpreted as “intentional” and could ultimately have been suicidal, created two collisions with tractor trailers whi
Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent Entrustment of Driver May Ultimately Go to Jury
In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the issue presented to the court was relative to whether a “broker” company that arranged for the specific motor carrier to s
An “Almost Perfect Storm of Events” Warranted Additional Time to File an Affidavit of Merit
The plaintiff and her husband, by way of a per quod claim, initiated a medical malpractice action against the defendants for, among other things, their alleged failure to administer pain injections at the correct vertebrae of the plaintif
Pennsylvania Superior Court Holds that Trial Court Correctly Entered Nonsuit on Plaintiff’s Corporate Negligence Claim for Failing to Show Actual or Constructive Knowledge
The trial court entered nonsuit on the plaintiff’s corporate negligence claim as the case did not involve any kind of systemic negligence on the part of the hospital.
Pennsylvania Superior Court Holds that, Under Section 311 of MCARE, Matters Reviewed Do Not Require a Document Be Specifically Reviewed by a Patient Safety Committee
The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be confidential, and (iii) contained information identical to that conveyed to the Pennsylvania Patient Safety Auth
Pennsylvania Supreme Court Holds that No Felony Conviction Recovery Rule Barred Medical Malpractice and Indemnification Claims
Both the trial court and the Superior Court found that the plaintiff’s claims were barred by the no felony conviction recovery rule.
Pennsylvania Supreme Court to Review Constitutionality of Sovereign Immunity–Based Damages Cap
States, including the Commonwealth, enjoy immunity from suit and have since “before the ratification of the Constitution.” Goldman v. Septa, 57 A.3d 1154, 1172 (Pa. 2012) (quoting Alden v. Maine, 527 U.S. 706, 713 (1999)).
Competent, Substantial Evidence Is the Name of the Game in Construction Disputes
It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial, as opposed to a trial by jury.
A Cautionary Tale – Diary, Diary, Diary
It is a well-known tenet of law in New Jersey that a party has 30 days from the arbitration award to file a trial de novo, rejecting the arbitration award and returning the matter to the trial calendar.
Sixth Circuit Discredits IRS Mileage Rate as Sufficient Payment to Employee Drivers Under the FLSA
The Sixth Circuit recently considered a consolidated appeal regarding how delivery drivers should be reimbursed for the cost of providing their vehicles for work.