Publications
Chiropractic manipulation under anesthesia is within the scope of chiropractic services permitted and eligible for reimbursement under New York's no-fault statute.
A chiropractor was entitled to recover no fault benefits from an insurer for chiropractic services provided to an insured because the chiropractic manipulation under anesthesia (MUA) performed was not prohibited by the Education Law §6551(1).
Case Law Alert, 1st Qtr 2012
No expert testimony needed for prescription DUI cases in criminal context.
The Pennsylvania Supreme Court has ruled that the state does not need to present expert testimony in DUI cases where the defendant was under the influence of a prescription drug.
Case Law Alert, 1st Qtr 2012
Pennsylvania State Legislature passes ban on texting by drivers.
The Pennsylvania Senate recently and overwhelmingly approved legislation that prohibits motorists from sending, receiving or reading text messages while driving.
Case Law Alert, 1st Qtr 2012
As a matter of first impression, text messages are inadmissible hearsay without proper authentication and circumstantial evidence corroborating the identity of the sender.
Text messages admitted into evidence by the trial court constitute inadmissible hearsay. Authentication of electronic communications requires circumstantial evidence that tends to corroborate the identity of the sender.
Case Law Alert, 1st Qtr 2012
Defendant's preliminary objections sustained dismissing plaintiff's claim where plaintiff failed to specify the order of vehicles positioned in a multi-vehicle chain reaction.
The plaintiffs' complaint, which arose out of a multi-vehicle chain reaction automobile accident, was inadequate where it failed to specify the order in which the vehicles involved in the accident were positioned and whether the vehicles were
Case Law Alert, 1st Qtr 2012
Pennsylvania Supreme Court denies "negligent spoliation of evidence" as an independent cause of action.
The appellants, an estate Administratrix and others, sought review of an order from the Commonwealth Court, which affirmed a trial court order that granted summary judgment to appellees, the state police department and various troopers, in the app
Case Law Alert, 1st Qtr 2012
Insurer complied with 21 Del. C. § 2118b by giving the plaintiff 30 days’ notice that it was denying her medical claims related to the accident.
After the plaintiff was injured in a motor vehicle accident, she made an uninsured/underinsured personal injury claim under her automobile insurance policy.
Case Law Alert, 1st Qtr 2012
Insurer had reasonable grounds to deny coverage where the plaintiff’s property was not covered under the insurance policy because he did not reside there.
The plaintiff appealed the trial court’s grant of summary judgment in favor of the insurer in this breach of contract case. The plaintiff never resided in the subject property but had a third party manage the property for him.
Case Law Alert, 1st Qtr 2012
Plaintiff’s claims for common law fraud, bad faith, the New Jersey Consumer Fraud Act and punitive damages were all dismissed.
The plaintiff’s insurance claim was denied because she had failed to take her vehicle in for a required photo inspection and her collision and comprehensive coverage was cancelled.
Case Law Alert, 1st Qtr 2012
Plaintiff’s various claims, including breach of the covenant of good faith and fair dealing, corporate malfeasance-tortious interference, fraud, bad faith and unjust enrichment, were all dismissed.
The United States District Court for the Northern District of New York dismissed the plaintiff’s claim for breach of the covenant of good faith and fair dealing because the plaintiff failed to assert specific conduct separate and apart from
Case Law Alert, 1st Qtr 2012