A Review of Major Topics in Professional Liability: Peer Review Protection Act

Aug 4, 2023 | Articles & Updates

Article by Josey Richards, Law Clerk This memorandum was drafted to provide an overview of the Peer Review Protection Act (“PRPA”) and relevant case law for purposes of the Associate Primer Project. Purpose of the PRPA Due to the expertise and level of skill required...

A Review of Major Topics in Professional Liability: Punitive Damages & Gross Negligence

Aug 4, 2023 | Articles & Updates

Article by Delann Fraschetti Finch, Esq. Defining Gross Negligence Under Pennsylvania, the plaintiff has the burden to prove that a defendant was grossly negligent by showing that the defendant’s conduct significantly departed from how a reasonably careful person...

A Review of Major Topics in Professional Liability: The “Usual Stipulations” & How To Be Conscious Of Pitfalls

Aug 4, 2023 | Articles & Updates

Article by Mark Derner, Esq. If you have ever read a deposition transcript or been present at a deposition you may come across the phrase “usual stipulations.” You may not think much of them. You may not want to inquire about what they mean due to concerns you may...

A Review of Major Topics in Professional Liability: Comparative Negligence

Aug 4, 2023 | Articles & Updates

Article by Na Lee Ha, Esq. Comparative negligence reduces a plaintiff’s recoverable damages by their own degree of negligence. Pennsylvania follows the 51 percent bar rule, which precludes plaintiff from recovery of damages if they are found 51% or more at fault. In...

A Review of Major Topics in Professional Liability: Ostensible Agency

Aug 4, 2023 | Articles & Updates

Article by Michelle D. Kaminski, Esq. The rule of ostensible agency is heavily relied upon in the world of professional liability, particularly in the context of a summary judgment argument. Upon a review of both the rules that formed the basis for ostensible agency...