Publications
Pennsylvania Supreme Court rejects Commonwealth Court's extension of Political Subdivision Tort Claims Act to all statutory claims and limits the scope of the Act to claims sounding in tort.
The impact of a pair of decisions issued by the Pennsylvania Commonwealth Court in 2008, which vastly expanded the scope of governmental immunity to all claims, tort or contract, has been short lived.
Case Law Alert - 4t Qtr 2010
Plaintiff was judicially estopped from seeking compensatory damages pursuant to title vii when she failed to disclose her discrimination claim in a contemporaneous bankruptcy proceeding.
The plaintiff alleged that her former employer unlawfully terminated her employment because of her pregnancy, in violation of Title VII and the Pennsylvania Human Relations Act.
Case Law Alert - 4th Qtr 2010
Prior administrative determination in favor of employer does not necessarily preclude claim that discipline was motivated by retaliatory animus for plaintiff's protected activity.
The defendant appealed the denial of their motion for summary judgment premised upon the decisions in their favor in two prior Civil Service Commission hearings.
Case Law Alert - 4th Qtr 2010
The Third Circuit holds that a shareholder-director of a law firm is an employer at the law firm and was, therefore, precluded from bringing a Title VII claim as a matter of law.
The plaintiff filed an employment discrimination lawsuit, alleging that she was paid less than her male counterparts, in violation of Title VII, the Equal Pay Act and the Pennsylvania Human Relations Act.
Case Law Alert - 4th Qtr 2010
A legal malpractice plaintiff is not required to first vacate or repudiate a prior settlement as a prerequisite to filing a legal malpractice claim against the prior attorney.
A plaintiff who settles a case based on the attorney's negligent representation may proceed in suit against that attorney without seeking first to vacate or repudiate the complained-of settlement, even though the plaintiff previously represen
Case Law Alert - 4th Qtr 2010
Following a jury verdict in favor of the plaintiffs, awarding prejudgment interest was not appropriate where the defendants' failure to settle could not be deemed irrational.
The plaintiffs-appellants, a passenger and his parents, sought review of the trial court that denied their motion for prejudgment interest against the appellee-insurers in a case arising from a motor vehicle accident in which the passenger suffere
Case Law Alert - 3rd Qtr 2010
A claimant's review petition to amend a notice of compensation payable that is not filed within the statutory limitation period is subject to being dismissed as time barred.
Following the claimant's work injury, a notice of compensation payable (NCP) was issued describing the injury.
Judge's determination that the claimant was not within the scope of employment when injured while undergoing tuberculin test as part of the hiring process is upheld.
The issue in this case was whether the claimant was within the scope of employment when she had an adverse reaction and fell while undergoing a tuberculin test required as part of the application for work with the employer.
Trial court erred in dismissing a case pursuant to the statute of limitations where service was made prior to the expiration of the statute, albeit defective.
The appellant had filed an action against the operator alleging that she suffered personal injuries as the result of the operator's negligent operation of a motor vehicle.
Case Law Alert - 4th Qtr 2010
Counsel fee award to successful claimant requires evaluation of the time spent on individual tasks, not just the aggregate time spent on the overall case.
After 10 years of protracted litigation and a verdict in their favor concerning the failure of the defendant to build condominium units that complied with the state's Barrier Free Subcode, the plaintiff sought an award of attorney's fees
Case Law Alert - 4th Qtr 2010