One of the determinations to be made before filing a lawsuit is where can each of the parties be sued so as to determine where a lawsuit is best filed. Recently, the Eastern District of Pennsylvania held that general jurisdiction by consent my be established where a Defendant’s only contact with Pennsylvania is the Defendant’s […]
Whether it be in the employer-employee setting or in the permissive user/family member situation, persons driving cars are often not the actual, listed owner. In those circumstances, after an accident, it is possible to sue the owner and assert a claim for negligent entrustment and sue the driver and assert a claim for negligence. Pennsylvania […]
The Pennsylvania Supreme Court has made it easier for individuals to sue over injuries caused by government vehicles. Generally, the state has immunity from personal injury lawsuits. One exception is if someone is hurt by a government agency vehicle when it’s “in operation.” Last month, the Supreme Court broadened the meaning of “in operation.” Past […]
Figuring out child support payments where high-income parents are involved now requires more than a calculation based on each parent’s income. The Pennsylvania Supreme Court has ruled that the children’s reasonable needs have to be considered. Otherwise, support orders that are wildly out of proportion can result. The recent ruling came in a case where […]
Recently, a federal appeals court rejected the appeal of a woman who said the trial court was wrong to bar her expert witness from testifying. She filed the appeal after a jury sided with the retail giant she had sued after slipping on a puddle of water in one of its stores. The appeals court […]
You lose control of your car on a roadway in Pennsylvania and slam into a guardrail. The guardrail pierces your car and you’re injured. Can you sue PennDOT? Yes, you can, says the Pennsylvania Supreme Court. In a recent ruling, the high court held that sovereign immunity doesn’t protect the state against lawsuits that allege […]
When something like a needle or a sponge is left in a patient after surgery, it can take years for the person to feel the effects. Normally, medical professional liability claims must be filed within seven years of an operation. But when an object is mistakenly left inside a patient and causes injuries, a claim […]
The Pennsylvania Workers’ Compensation Act aims to ensure that workers are provided for financially if they get hurt on the job. Ironically, large corporations are using the Act to shield themselves from responsibility when their negligence causes a worker’s injury. Companies use Section 203 of the Act to claim the status of “statutory employer.” Under […]
Getting injured at work can be devastating, both physically and financially. It’s important to make sure you do all you can to get the maximum compensation for your losses. Workers’ compensation barely pays your wages and medical bills. And it doesn’t cover pain and suffering or punitive damages. But you can often seek full compensation […]
Six years ago, a young man fell into a rock crusher while working at a quarry in Northeastern Pennsylvania. Last month, his mother settled a lawsuit in his death for $6.5 million. Lawyers for the mother claimed the employer’s negligence and a fault in the design of the crusher led to the wrongful death of […]
