Feature Articles
Vague Affirmative Defenses and Motions to Strike Them, Pennsylvania Bar Association Civil Litigation Update, Winter 2010, Cover Story.
Fostering an Entrepreneurial Spirit in Associates, American Bar Association Law Practice Today, February 2010.
Case Summaries
Pennsylvania Bar Association ("PBA") Case Summaries
Winter 2010
Plaintiff May Amend Complaint to Specify Commonwealth Agency Where Only the Commonwealth is Named in the Caption but AGency is Named Throughout the Body of the Complaint, Piehl v. City of Philadelphia, 987 A.2d 146(Pa. 2009). PBA Civil Litigation Update Winter 2010, Vol. 15 No. 1 p. 13.
Failure to File One Certificate of Merit of Fifteen in a Professional Liability Suit Is a Reasonably Excusable Oversight Sufficient to Open a Judgment of Non Pros for a Meritorious Claim, Estate of Aranda v. Amrick, 2009 Pa. Super. 233 (2009). PBA Civil Litigation Update Winter 2010, Vol. 15 No. 1 pp. 16-17.
Fall 2009
Arbitration Agreement Specifying “Comparative Fault” Bars Recovery When Plaintiff Is More Than Fifty Percent Negligent, Rekun v. Pelaez, 976 A.2d 578 (Pa. Super. June 22, 2009). PBA Civil Litigation Update Fall 2009, Vol. 14 No. 4 pp. 17-18.
Employer Is Entitled to Subrogate Against Employee’s Third-Party Recovery in a Motor Vehicle Collision Civil Action for the Amount of Heart and Lung Act Benefits It Paid, Oliver v. City of Pittsburgh, 977 A.2d 1232 (Pa. Cmwlth. July 19, 2009) (en banc). PBA Civil Litigation Update Fall 2009, Vol. 14 No. 4 pp. 19-20.
Summer 2009
Neither Physical Impact nor Medical Testimony Is Necessary to Create an Issue of Material Fact on the Harm Element of an Abuse of Process Claim Alleging Emotional Distress, Cruz v. Princeton Insurance Co., 972 A.2d 14 (Mar. 24, 2009) (en banc). PBA Civil Litigation Update Summer 2009, Vol. 14 No. 3 pp. 13-14.
Governmental Immunity Is Applicable to Community Colleges and Bars Statutory Damages Claims under the Consumer Protection Law, Meyer v. Community College of Beaver County, 965 A.2d 406 (Pa. Cmwlth. Feb. 11, 2009) (en banc). PBA Civil Litigation Update Summer 2009, Vol. 14 No. 3 pp. 15-16.
Spring 2009
General § 512 MCARE Objection Does Not Preserve Objections Under Specific Subsections Pertaining to Requirements for Testifying Experts in Medical Malpractice Cases (.pdf), Gbur v. Golio, 963 A.2d 443 (Pa. Jan. 28, 2009). PBA Civil Litigation Update Spring 2009, Vol. 14 No. 2 pp. 12-13.
Plenary Guardians May Not Deny Life-Preserving Treatment on Behalf of a Lifelong Incompetent Individual Without Proving that Death Is in the Individual’s Best Interest, In re D.L.H., 967 A.2d 971 (Pa. Super. Feb. 10, 2009). PBA Civil Litigation Update Spring 2009, Vol. 14 No. 2 pp. 19-20.
Winter 2009
Doctor Confronting Co-Worker About Drug Abuse Did Not Create a Duty to Protect Co-Worker from Himself, and Hospital Is Not Liable for Subsequent Suicide (.pdf), Cooper v. Frankford Health Care System, Inc., 960 A.2d 134 (Oct. 20, 2008). PBA Civil Litigation Update Winter 2009, Vol. 14 No. 1 p. 12.
Trial Court’s Denial of a Petition to Strike or Open Confessed Judgment Will Not Be Disturbed Where the Text of the Agreement on Which It Is Based Supports the Principal Amount and Attorney’s Commission Entered (.pdf), RAIT Partnership, LP v. E Pointe Properties I, Ltd., 957 A.2d 1275 (Pa. Super. Sep. 26, 2008). PBA Civil Litigation Update Winter 2009, Vol. 14 No. 1 p. 14.
Quoted In
Business Insurance Magazine
High Court Lowers Bar on Discrimination Suits, Business Insurance Magazine, May 31, 2010.
Employers Urged to Save Pay Documents, Business Insurance Magazine, February 8, 2010.
Ledbetter Fair Pay Law Hasn't Flooded Courts, Business Insurance Magazine, February 8, 2010.
Age Bias Bill Would Ease Burden for Plaintiffs, Business Insurance Magazine, October 19, 2009.
Age Bias Charges Surge as Firms Shed Workers, Business Insurance Magazine, August 24, 2009.
