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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
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
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
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
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
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
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
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
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
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
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
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