Publications
Both defective and unsafe conditions are to be present in order for a party to benefit from the 10-year statute of repose.
The plaintiff condominium association sued the defendant subcontractors, alleging their work on the condominium project was defective and asserting claims of negligence, strict liability and willful and wanton disregard for human safety.
Case Law Alert - 3rd Qtr 2011
The Appellate Division holds that an employer may retain its section 40 lien rights as part of a section 20 resolution.
The decedent, who was an employee of co-defendant A, was fatally injured during the course of his employment while operating a nail gun manufactured by co-defendant B.
Attorney-client privileged communications are not discoverable in first-party bad faith actions.
The goal of the attorney-client privilege is to encourage full and frank communication between an attorney and his client.
Case Law Alert - 3rd Qtr 2011
Public entity can reject low-bid contractor after bid accepted and contract signed.
Bids were accepted, and a contract was awarded for improvements to a solid waste facility.
Case Law Alert - 3rd Qtr 2011
Narrow allegations in a complaint do not determine an insurer's duty to defend.
When determining an insurer's duty to defend and indemnify in a declaratory judgment action, a court looks to the allegations of the complaint and the insurance policy at issue.
Case Law Alert - 3rd Qtr 2011
Equitable estoppel cannot establish coverage under a policy where none exists.
Where an insurer provides a defense without reserving its right to deny coverage, the insurer may be collaterally estopped from denying such coverage later in the case.
Case Law Alert - 3rd Qtr 2011
The Betal parties/appellants appeal from summary judgment dismissal by the law division of their legal malpractice complaint against Hedinger & Lawless, LLC. The Betal parties/appellants argue there was, at a minimum, a genuine issue of material fact as
The trial court found the Betal Parties/Appellants' expert's opinion that Hedinger should have filed an answer, which he acknowledged was not meritorious, and later file a third-party complaint, which would buy time for the Betal Parties/A
Case Law Alert - 3rd Qtr 2011
The critical factor in determining whether to apply the entire controversy doctrine is "judicial fairness."
The entire-controversy doctrine does not require a client to assert legal malpractice claims against his or her attorney in an action which arose from the attorney's alleged negligent advice, even though the attorney has been made a party to
Case Law Alert - 2nd Qtr 2011
Pennsylvania Commonwealth Court upholds Pennsylvania Human Relations Commission's dismissal of race discrimination claim, holding that Commission correctly found that complainant's evidence did not support inference of race discrimination.
In Garner, the complainant alleged that he was terminated by his former employer because of his race, alleging that similarly-situated employees of a different race were not terminated for a violation of the company's policy when he was t
Case Law Alert - 2nd Qtr 2011
Although the claimant's petition to review was not filed within 3 years of the last payment of compensation, the employer's petition to terminate benefits was. Therefore, the workers' compensation judge did not err in expanding the claimant's injuries.
The claimant sustained a work-related injury on January 31, 2003. Thereafter, the claimant received workers' compensation benefits pursuant to a notice of compensation payable (NCP) issued by the employer.