Articles & Updates
Understanding Reptile Theory in Medical Malpractice: Tactics & Defense Strategies
Article by Richard Margulies, Esq. Overview of Reptile Theory A plaintiff’s attorney utilizes reptilian tactics throughout the litigation process in...
Ohio Supreme Court Simplifies Citation Rules with Updated Writing Manual
Article by Holly Olarczuk-Smith, Esq. Over the summer, the Ohio Supreme Court updated its writing manual to streamline and simplify citation...
Ohio Supreme Court Reaffirms Lack of Service Defense Precedent in Ackman v. Mercy Health Decision
Article by Holly Olarczuk-Smith, Esq. On August 22, 2024, the Ohio Supreme Court, in Ackman v. Mercy Health W. Hosp., L.L.C., 2024-Ohio-3159,...
Navigating Legal Minefields: Pitfalls to Avoid When Seeking Summary Judgment
Article by Holly Olarczuk-Smith, Esq. In the realm of civil litigation, summary judgment motions are powerful tools that can significantly shape the...
Non-Compete Ban Litigation Update
Article by Brian Davis, Law Clerk and Samuel Evans, Esq. Chevron Overturned On June 28, 2024, the United States Supreme Court determined in Loper...
Defense Litigation & Special Interrogatories in the Context of the PA “Fair Share Act”
Article by Julia Sarabia, Law Clerk Defense litigators can use special interrogatories in jury verdicts to prevent apportionment of more than 60%...
Ostensible Agency Theory Applied to Non-Hospitals
Article by Bradley Kessler, Law Clerk Ostensible agency theory is a vicarious liability theory that is traditionally applied to hospitals alone....
The FTC’s Recent Non-Compete Clause Rule & How It Affects Medical Malpractice Litigation
Article by Gabriela Jones, Law Clerk Restrictive covenants, i.e.,non-competition and non-disclosure clauses are used by employers to shield...
Non-Compete Ruling: Where Does This Leave Employers?
Article by Ralph Monico, Esq. and Samuel Evans, Esq. On April 23, 2024, the Federal Trade Commission (FTC) voted 3-2 to issue a final rule (Rule)...
Corey v. Wilkes-Barre Hospital Company LLC: An Analysis on Pennsylvania Corporate Negligence Law
The following offers an overview of Corey v. Wilkes-Barre Hosp., Co. LLC, 2023 PA Super 262, 307 A.3d 701 (2023). This opinion concerned an appeal...
E-Discovery Competence: Assessing Yourself & Others
Article by Courtney Murphy published in The Legal Intelligencer Issued March 6, 2024 As we mark the 20th anniversary of what could be considered the...
Mediation’s Place in the Nuclear Verdict Era
Article by Stuart O'Neal published in The Legal Intelligencer Issued February 1, 2024 This article explores the proposition that early mediation is...
A Return to Regular: Pennsylvania Supreme Court Finds Regular Use Exclusion to be Valid & Enforceable
Article by Daniel Twilla, Esq. The Pennsylvania Supreme Court has held that the “regular use exclusion” is valid, enforceable, and can be applied in...
Breaking Boundaries: Exploring the Implications of Employers’ & Carriers’ Exemption from Red Book Prescription Reimbursements
Article by Joseph C. Romano, Esq. Employers and workers’ compensation insurance carriers in Pennsylvania recently obtained a significant victory in...
No Special Relationship Where Insured Did Not Cede Decision-Making or Surrender Substantial Control at Time of Purchase
Article by Daniel Twilla, Esq. and Adam Murdock, Esq. A United States District Court for the Eastern District of Pennsylvania recently granted...
Don’t Look Back: New Jersey District Court Finds That IFCA Does Not Apply to “Ongoing” Denial of Benefits
Article by Daniel Twilla, Esq. and Josephine Mlakar, Law Clerk A United States District Court for the District of New Jersey recently granted an...
Ford-Bey v. Professional Anesthesia Services
Article by Josey Richards The following is an execute summary of the recently-decided matter, Ford-Bey v. Professional Anesthesia Services, 2023 WL...
Taxing Discovery: Is Plaintiff Entitled to Your Medical Expert’s Tax Returns?
Article by Kenneth Rafferty III, Esq. In Pennsylvania, expert testimony is required in medical malpractice cases. Toogood v. Owen J. Rogal, D.D.S.,...
Medical Providers: Free From Liability Pursuant to the “No Felony Conviction Recovery” Rule
Article by Michelle Kaminski, Esq. The below discusses the case of DiNardo v. Kohler, 270 A.3d 1201 (Pa. Super. 2022), and the Pennsylvania Supreme...
Honesty is the Best Policy – Material Misrepresentation Leads to Grant of Summary Judgment for Insurer
Article by Adam Murdock, Esq. and Daniel Twilla, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment...
Significant New WV Decision on Trigger of Coverage
Article by Nicholas Blevins, Esq. The Supreme Court of Appeals of West Virginia recently held that a “continuous-trigger” theory applies to...
Construction Law 2023 – The Year in Review
Attorneys Matthew Jameson and Daniel Maier discuss various topics and construction law changes from this past year. Topics include cybersecurity...
Protections for Pregnant and Nursing Employees in the Workplace
Article by Courtney Brennan published in The Legal Intelligencer Issued October 19, 2023 The PWFA and PUMP Act extends protections to nursing...
Virtual or In Person—Where Do We Go From Here?
Article by Samantha Weigand published in The Legal Intelligencer Issued October 4, 2023 The majority of workers’ compensation hearings and...
“Perfection” Not Required: Third Circuit Affirms Summary Judgment to Insurer
Article by Adam Murdock, Esq. The Third Circuit Court of Appeals recently affirmed a District Court’s grant of summary judgment after concluding...
Dangers of Failing to Preserve Video Evidence
Article by Samuel Evans and Brian Kane, Esq. A Pennsylvania federal judge recently sanctioned Burlington Stores for failing to preserve video...
Is Emotional Distress Covered as a Bodily Injury?
Article by Kathleen Dapper, Adam Murdock, and Daniel Twilla. published in The Legal Intelligencer Issued August 24, 2023 Awaiting argument at the...
Eastern District Holds No Claim for “Pandemic-Related Losses” Without “Direct Physical Loss or Damage”
Article by Adam Murdock, Esq. The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion to...
Case Dismissed – Federal Court Finds “Totality” of Allegations Insufficient to Support Bad Faith Complaint
Article by Adam Murdock, Esq. The United States District Court for the Western District of Pennsylvania recently granted an insurer's motion to...
Pennsylvania Supreme Court Addresses Constitutional Boundaries of Punitive Damage Awards
Article by Daniel Twilla, Esq., Daniel Inadomi, Esq., and Adam Murdock, Esq. The Supreme Court of Pennsylvania recently approved the “per-defendant...