The Pennsylvania Legislature recently approved a resolution authorizing the publication of all of Pennsylvania’s consolidated statutes on its official website. The website can be accessed by the public free of charge at www.legis.state.pa.us/ Prior to the publication of Pennslyvania’s consolidated statutes on-line, members of the public had to purchase expensive legal textbooks and/or visit a local law library to… Read more »
The Pennsylvania Supreme Court ruled yesterday that the First Amendment requires access to juror identities in most cases. However, juror addresses need not be disclosed. “Disclosing jurors’ names furthers the objective of a fair trial to the defendant and gives assurances of fairness to society as a whole,” Chief Justice Ralph J. Cappy wrote in… Read more »
In Lewis v. W.C.A.B. (Giles & Ransome, Inc.), 919 A.2d 922 (2007), the Pennsylvania Supreme Court issued an opinion detailing the high burden of proof employers face in attempting to terminate an injured employee’s workers’ compensation benefits. In general, a workers’ compensation judge may modify or terminate a claimant’s benefits when it has been demonstrated that the… Read more »
In a ruling highly favorable to injured plaintiffs, in Sackett v. Nationwide Mutual Ins. Co., PICS Case No. 07-0594 (April 17, 2007), the Pennsylvania Supreme Court held that an insurance company is required to obtain a new executed waiver of stacking from from a named insured every time the named insured adds a vehicle to an… Read more »
According to a Delaware County Court of Common Pleas judge, a homeowner\’s insurance carrier acted in bad faith when it failed to defend and indemnify its insured against a wrongful death and survival action stemming from a shooting death in which the insured pled guilty to voluntary manslaughter. Over $2 million in compensatory damage was awarded… Read more »
With a large number of cats and dogs being killed or becoming severely sickened by the recent “tainted” pet food scare, many pet owners are wondering what remedies and/or damages are available to them. Unfortunately, in Pennsylvania, pets are considered personal property. 3 P.S. 459-601(a). Because pets are only considered personal property, the damages a pet owner can recover against a party… Read more »
In Lowery v. Port Authority of Allegheny County, ___ A.2d___ (Pa.Commw. Dec. 29, 2006), the Commonwealth Court of Pennsylvania ruled that bus passengers injured on in an accident caused by an uninsured driver were entitled to collect uninsured motorist (UM) benefits from the self-insured owner of the bus. The owner of the bus was the Port Authority… Read more »
Whenever anyone is seriously injured or killed as a result of another’s person’s conduct, intentional or negligent, one of the first questions to consider is whether the wrongdoer has insurance to pay for the damages and injuries he caused. If the wrongdoer does not have any insurance coverage, most times it is not a claim worth pursuing… Read more »
In Pennsylvania, employees who are injured on the job are entitled to workers’ compensation benefits from their employer and/or their employer’s insurance carrier. Workers’ compensation benefits provide an injured employee with compensation for (1) lost wages during the time the employee misses time from work due to his work injury, and (2) payment of all work-related… Read more »
Everyone has signed a document at one time or another which restricted his/her right to pursue a claim for damages against another person or entity even if the person or entity was careless or negligent. Most times we do not even know we are signing these type of release agreements as most of us never even read… Read more »
