By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Claimant's decision to jump from the roof of a two-story building at the end of his work day after another service provider removed a ladder was misguided, but it was not so foreign or removed from his usual employment as to constitute an abandonment of his job. The court affirmed the decision granting claimant workers' compensation benefits.
By thelegalintelligencer | The Legal Intelligencer | July 21, 2017
Uninsured Employer's Guaranty Fund did not relieve employer of its obligation to pay its injured employee's workers' compensation benefits, such that the employer remained liable for penalties in the event a claimant did not receive payment of benefits within 30 days of award. Order of the WCAB affirmed.
By thelegalintelligencer | The Legal Intelligencer | July 14, 2017
An appeal concerning discovery issues was proper under the collateral order doctrine. The court concluded the moving party would suffer harm if documents protected by the attorney-client privilege or the work product doctrine were presented to the jury.
By P.J. D'Annunzio | July 7, 2017
In an apparent case of first impression, the Commonwealth Court has ruled that a construction company must pay a penalty for failing to make payments to an employee injured on the job, despite purportedly not having the funds to do so.
By thelegalintelligencer | The Legal Intelligencer | July 7, 2017
Summary judgment as to the amount of damages due was appropriate where the checks for payments made by defendant were submitted with the motion and correctly tabulated in a ledger provided by an affiant with personal knowledge of the case.
By Lizzy McLellan | July 5, 2017
Cozen O'Connor is accusing a partner's ex-client of using a complaint against the firm to delay a multimillion-dollar construction law arbitration, after the former client alleged that a group of lawyers handled conflicts improperly when they joined the firm from Pepper Hamilton.
By thelegalintelligencer | The Legal Intelligencer | June 30, 2017
All the components of a guardrail system, except guardrail post as expressly carved out by statute, were exempt from use tax as building machinery and equipment because all components were included in the common definition of the tax-exempt category of "guardrails." Exemptions granted.
By thelegalintelligencer | The Legal Intelligencer | June 16, 2017
An insurer's interpretation of "actual cash value" that excluded general contractor's costs from replacement cost coverage was inconsistent with state law. The court granted plaintiff's motion for summary judgment.
By Zack Needles | June 15, 2017
A three-judge panel of the Pennsylvania Superior Court has refused to disturb a $20 million verdict against developer Pulte Homes of PA for breaching an agreement to build a residential community around a Chester County golf course.
By thelegalintelligencer | The Legal Intelligencer | June 9, 2017
Neither the attorney-client privilege nor the work-product privilege applied to many of the emails which plaintiff sought to exclude from evidence at trial where such emails were not drafted by an attorney or party representative and the emails did not relate to a fact of which an attorney was informed by his client for purposes of securing a legal opinion or services. The court recommended affirmance of decision on appeal.
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