Publications
Under certain circumstances, employer may recover attorney’s fees when claimant pursues frivolous appeals
The claimant filed approximately 17 petitions for an alleged 1996 injury and had been before the Commonwealth Court five times for the same claim.
Case Law Alerts, 3rd Quarter, July 2015
Once burden to pursue subrogation under §319 is satisfied, subrogation is automatic and Judge’s decision to suspend benefits for failure to disclose amount of recovery was proper
The Commonwealth Court had previously issued an unpublished decision in this same case holding that the Workers’ Compensation Judge did not err in suspending partial benefits for a closed period until the claimant disclosed the amount of mon
Case Law Alerts, 3rd Quarter, July 2015
Future rights to subrogation not waived when there was no express waiver or language referencing future subrogation rights contained in corrected third party settlement agreement
The claimant appealed to the Commonwealth Court, which affirmed the decision of the Workers’ Compensation Appeal Board.
Case Law Alerts, 3rd Quarter, July 2015
Montreal Convention does not provide a remedy for physical manifestations of emotional injuries
The plaintiff claimed he suffered long-term diabetic and cardiac injuries as a result of air travel. Construing his claims under the Montreal Convention, the U.S.
Case Law Alerts, 3rd Quarter, July 2015
A driver who could reasonably be expected to drive interstate falls within the Motor Carrier Exemption to the Fair Labor Standards Act, even if the driver did not actually drive interstate
The plaintiff filed a lawsuit on behalf of a class of drivers, allegedly that the company’s failure to pay them overtime was a violation of the Fair Labor Standards Act.
Case Law Alerts, 3rd Quarter, July 2015
Score One for the Defense: Application of the Affordable Care Act to Reduce Future Damages
By Leslie M. Jenny, Esq.
This Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Summary judgment stands from claim of woman struck by an errant baseball at her son’s game.
Summary judgment was properly granted when the plaintiff’s expert failed to identify an objective standard for when a ball field is dangerous for purposes of the Tort Claims Act.
Case Law Alerts, 2nd Quarter, April 2015
Plaintiff’s default judgment request denied when allegations are conclusions of law that cannot be admitted to by the defendant.
The plaintiff alleged intentional assault, battery and gross negligence against a member of the opposing rugby team.
Case Law Alerts, 2nd Quarter, April 2015
Dismissal of the plaintiff’s premises liability claim of an oily substance on a diving board is affirmed.
The plaintiff sued the defendant, whose son had invited him and his family to use his pool while the defendant was at work.
Case Law Alerts, 2nd Quarter, April 2015
The post-Tincher landscape: Court applies the risk-utility test to deny the defendants’ motion for summary judgment
The plaintiff brought this product liability action against a table saw manufacturer, a distributor and a retailer alleging, inter alia, that the design of the table saw he purchased was defective because it failed to incorporate flesh-de
Case Law Alerts, 2nd Quarter, April 2015