Articles & Updates
A Review of Major Topics in Professional Liability: Corporate Negligence in Pennsylvania
Article by Kenneth H. Rafferty, II, Esq. Pennsylvania Courts have adopted the doctrine of corporate negligence as a theory of hospital...
A Review of Major Topics in Professional Liability: Peer Review Protection Act
Article by Josey Richards, Law Clerk This memorandum was drafted to provide an overview of the Peer Review Protection Act (“PRPA”) and relevant case...
A Review of Major Topics in Professional Liability: Punitive Damages & Gross Negligence
Article by Delann Fraschetti Finch, Esq. Defining Gross Negligence Under Pennsylvania, the plaintiff has the burden to prove that a defendant was...
A Review of Major Topics in Professional Liability: The “Usual Stipulations” & How To Be Conscious Of Pitfalls
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...
A Review of Major Topics in Professional Liability: Comparative Negligence
Article by Na Lee Ha, Esq. Comparative negligence reduces a plaintiff’s recoverable damages by their own degree of negligence. Pennsylvania follows...
A Review of Major Topics in Professional Liability: Ostensible Agency
Article by Michelle D. Kaminski, Esq. The rule of ostensible agency is heavily relied upon in the world of professional liability, particularly in...
Illegal Action As A Bar To Recovery: In Pari Delicto In The Healthcare Malpractice Context
Article by Anne Frankel, Esq., and Josey Richards, Law Clerk This article discusses whether drug and rehabilitation centers may assert the defense...
McLaughlin v. Nahata, 2023 WL 4842015: An Overview
Article by Alexandra Hambsch, Law Clerk The following offers a brief overview of the unpublished decision, McLaughlin v. Nahata, 2023 WL 4842015,...
The Importance of Nursing Documentation in Medical Negligence Litigation
Article by Ryan King, Esq. While nursing documentation plays an important role in patient care, it also plays a key role in medical negligence...
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) & The Pregnant Workers Fairness Act (PWFA)
Article by Mary-Jo Rebelo, Esq., Courtney Brennan, Esq., and Miranda Aristone, Law Clerk In the past 6 months, Congress passed two pregnancy-related...
Attorney Jafry Mentioned Regarding Opposition to Change-of-Venue Motion
Attorney Ahsan Jafry was mentioned in an article published in New Jersey Law Journal online publication on May 16, 2023. The article by Charles...
Preparing for an Appeal in Ohio: Preserving Issues at Trial & Understanding the Applicable Standard of Review
Article by Holly Olarczuk-Smith, Esq. Trial lawyers must wear several hats. Along with managing the various stages of the pre-trial process,...
The Interplay of Workers’ Compensation, FMLA & ADA
Article by Courtney Brennan, Esq. and Mary-Jo Rebelo, Esq. When an employee becomes injured on the job, becomes ill, or has a disability they may be...
No Bad Faith for “Thorough Investigation”
Article by Adam Murdock, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims...
Middle District Finds No Bad Faith for Genuine Disputes of Non-Material Facts
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s partial motion for summary judgment and dismissed an...
Understanding Dog Bite Negligence Laws: Navigating Common Law Liability Defenses on Property Claims
Article by McCall Chafin, Esq. Today, dog bite claims almost always involve a claim for statutory liability pursuant to Pennsylvania’s Dog Law...
Attorneys’ Fees Awarded Following UTPCPL Verdict & Treble Damages
Article by Adam Murdock, Esq. Following a recent award for Plaintiffs against a residential construction company for breach of warranty and...
Autopsy, Cremation & the Spoliation of Evidence in Wrongful Death Cases
Article by Courtney Barbacane, Esq., published in The Legal Intelligencer Posted on March 28, 2023 What happens when an autopsy is performed,...
Effective Appellate Advocacy in Ohio: 10 Tips for Success on Appeal
Article by Holly Olarczuk-Smith, Esq. While there are several steps involved in presenting a successful case on appeal, crafting the appellate brief...
Healthcare Providers – Legally Immune from COVID?
Article by Michelle Kaminski, Esq. This research was conducted in regard to civil immunity in professional liability actions, secondary to the...
Supreme Court of Pennsylvania Holds That “Cause of Death” Refers Specifically to Medical Cause of Death Under MCARE
Article by Kenneth Rafferty, Esq. The Supreme Court of Pennsylvania held that the phrase “cause of death” refers specifically to medical cause of...
How Delays from the Pandemic are Changing the Landscape for Relief in Medical Malpractice Lawsuits & Putting a Strain on Insurers
Article by Mark Derner, Esq. The cogs of justice in our society move very slowly, even more so with the fallout from a global pandemic. The court...
Attorney Lyda Interviewed Regarding Heightened Concerns in Food Industry Injuries
Attorney T.H. Lyda was interviewed in an article published in the Business Insurance online publication on March 15, 2023. The...
No Bad Faith for “Reasonable, Not Perfect” Claims Handling
Article by Adam Murdock, Esq. The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment after finding that...
No Bad Faith or “Nefarious Purpose” in Updating Liability Assessment & Settlement Value
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith claim...
Illegal Action as a Bar to Recovery: In Pari Delicto in the Healthcare Malpractice Context
Article by Anne Frankel, Esq. and Josey Richards, Law Clerk. Published in the Professional Liability Defense Quarterly, Volume 15, Issue 1 in March...
Pennsylvania Supreme Court Enforces Household Vehicle Exclusion
Article by Daniel Twilla, Esq. and Josephine Mlakar, Law Clerk The Pennsylvania Supreme Court recently affirmed that the household vehicle exclusion...
Asserting Immunity from Tort Liability as a Statutory Employer
Article by Alana Staniszewski, Esq. The Pennsylvania Superior Court recently dove into the depths of the Pennsylvania Workers’ Compensation Act...
Insured’s Failure to Obtain Consent to Settlement Deemed Prejudicial
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss breach of contract and bad faith claims with prejudice after...
Western District Finds No Bad Faith For Policy Interpretation Based On Unsettled Law
Article by Daniel Inadomi, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and denied an...