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Update on the Discoverability of Private Facebook Pages
The Legal Intelligencer
November 20, 2012
In today's digital and virtual society in which almost everyone has some sort of social networking page, it is critically important for attorneys to be aware of what is discoverable in a personal injury lawsuit. Currently, there is a dearth of Pennsylvania appellate case law on the issue of discoverability of nonpublicly viewable Facebook information (i.e., "private" photographs, wall posts, status updates and, inter alia, friend lists). Full Text
Pennsylvania Strict Liability Law in a 'State of Flux'
The Legal Intelligencer
November 20, 2012
Pennsylvania law of strict liability has recently been judicially described as being in a "state of flux" in Sikkelee v. Precision Airmotive, 2012 U.S. Dist. LEXIS 91497, 26 (M.D.Pa. 2012). Other courts have been less gracious, using phrases such as a "maze of uncertainty," in Sansom v. Crown Equipment, 2012 U.S. Dist. LEXIS 102734, 11 (W.D. Pa. 2012), "foundational problems," in Schmidt v. Boardman, 608 Pa. 327, 353, 11 A.3d 924, 940-41 (Pa. 2011), and "almost unfathomable" and "continuing state of disrepair" in Beard v. Johnson & Johnson, 41 A.3d 823, 836 (Pa. 2012). Full Text
Picking a Jury: Empathy, Anger and Fear Resonate in Bad Economy
The Legal Intelligencer
November 20, 2012
Jury selection is possibly the most important and underrated component of a personal injury jury trial. Analyzing what motivates jurors to side with an injured victim is essential to obtaining a verdict. The goals in jury selection are to choose jurors who will be receptive to your client's liability and damage claims and, when possible, exclude jurors who have pre-set opinions biased against your clients. Full Text
Income Loss Claims in Personal Injury Actions
The Legal Intelligencer
November 20, 2012
In many personal injury actions, the income loss claim is the largest damage component. The income loss claim has two components, namely: (1) loss of past earnings and (2) impairment of future earning capacity. An understanding of both aspects is needed in order to pursue or defend such claims. Full Text
Are Arbitrators Integral in Pre-Injury Nursing Home Agreements?
The Legal Intelligencer
November 20, 2012
Today, nearly every nursing home dispute in Pennsylvania, and the rest of the United States, involves either an optional or mandatory predispute arbitration agreement. Although some states have resisted enforcing predispute personal injury arbitration agreements, the U.S. Supreme Court, in Marmet Health Care Center v. Brown, 565 U.S. ___ (2012) (per curiam), rejected such efforts and recently overturned a West Virginia Supreme Court of Appeals decision that "held unenforceable [as a matter of state public policy] all predispute arbitration agreements that apply to claims alleging personal injury or wrongful death against nursing homes." Full Text
Medicare Liens and Personal Injury Matters
The Legal Intelligencer
November 20, 2012
A recent trend in the settlement of personal injury matters involves demands by the tortfeasor's liability insurance company requesting a plaintiff to produce final lien information in regard to Medicare before the matter can be finally concluded and a settlement draft issued. This is so because of the potential penalties that may arise if Medicare liens are not addressed out of the settlement funds. Full Text
