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Liability Pennsylvania

Clark Hill PLC

The cyclist’s “take the lane” dilemma: The Pennsylvania Supreme Court weighs in

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It’s an everyday dilemma for many cyclists: Should you leave the roadway when faster-moving traffic approaches? According to a recent decision from the Pennsylvania Supreme Court (and as with many legal issues), it depends. ...more

Fox Rothschild LLP

How Pennsylvania's New Directed Trust Act Will Affect Corporate Trustees

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Now that Pennsylvania recognizes directed trusts, corporate fiduciaries should be aware that sharing trust responsibilities could create both legal liability and administrative burdens. The law, which went into effect late...more

Offit Kurman

Future of Pennsylvania’s Construction Statute of Repose Hinges on Pennsylvania Supreme Court Ruling

Offit Kurman on

The Pennsylvania Supreme Court will decide a pivotal case that could significantly impact the construction industry and the application of the state’s construction Statute of Repose. Aloia v. Diamant raises key questions...more

White and Williams LLP

A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

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Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261...more

Marshall Dennehey

Who May Be Liable Under the Dram Shop Act?

Marshall Dennehey on

Key Points: Pennsylvania’s Dram Shop Act does not merely apply to “any person” but, rather, imposes an obligation on particular persons and entities. To establish a basis for Dram Shop liability, it must be shown that the...more

Marshall Dennehey

Including Settled Defendants on a Verdict Sheet: A Reminder that No Assumptions Are Allowed

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Key Points: Pennsylvania’s Fair Share Act permits the inclusion of a defendant or other non-party who has entered into a release with a plaintiff to be included on the verdict sheet and, thus, subject to apportionment of...more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

Marshall Dennehey

Refusal to Provide Voluntary Inpatient Examination and Treatment to Persons Who Submit for Examination Now Subject to Review Under...

Marshall Dennehey on

Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the...more

Marshall Dennehey

Relying Upon Dicta Set Forth in Spencer V. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to...

Marshall Dennehey on

In a non-jury trial, the plaintiff raised negligence and battery claims against the defendants, which arose from an incident in which one defendant shot the plaintiff in the shoulder with a gun that was owned by the other...more

Marshall Dennehey

Commonwealth Court Affirms Trial Court’s Decision to Determine Jerk and Jolt Burden as a Matter of Law

Marshall Dennehey on

Key Points: The “jerk and jolt doctrine” is a long-standing tenet of Pennsylvania law that protects common carriers from liability involving the normal “jerks” and “jolts” that are expected in the operation of a vehicle. The...more

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

Saul Ewing LLP

Pennsylvania House of Representatives Passes COVID-19 Liability Protections for Higher Education Institutions and K-12 Schools

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In a second attempt to pass a COVID-19 liability shield, the Pennsylvania House of Representatives passed House Bill 605 on April 6, 2021. If signed into law, H.B. 605 would protect (among others) colleges, universities, and...more

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