The Pennsylvania Superior Court recently addressed the issue of a store’s legal duty to keep its customers safe. In Reason v. Kathryn’s Korner Thrift Shop, a customer sued the store after he was attacked by another customer in the store who had a history of mental illness. The court held that stores open [...]
When a Pennsylvania employee is injured on the job, the employee is entitled to workers’ compensation benefits. If the accident results in a “total disability” (the employee is completely unable to work), he receives benefits equal to two-thirds (2/3) of his pre-injury average weekly wage. If the accident results in only a “partial [...]
On July 19, 2017 in the case of Commonwealth v. Muniz, the Pennsylvania Supreme Court held that the retroactive application of Pennsylvania’s Sex Offender Registration and Notification Act (SORNA) is unconstitutional under both the Federal and Pennsylvania Constitutions. The Court held that the registration requirement is a punishment, and therefore cannot be applied [...]
In the recent case of Leicht v. Leicht, the Pennsylvania Superior Court upheld an award of indefinite alimony to the wife, with no set end date. The couple married in 1988 and divorced in 2016. The husband worked in manufacturing jobs. The wife was employed as a licensed practical nurse, but developed mental [...]
Hundreds of car accidents happen each year in which one driver fails to stop and rear-ends the car in front of him. Pennsylvania follows the “assured clear distance rule”, which has been codified as part of the Pennsylvania Motor Vehicle Code. This rule requires that a driver has to be capable of stopping [...]
The REAL ID Act, passed by the U.S. Congress in 2005, requires states to change their requirements for issuing driver licenses to meet minimum security standards. Beginning January 22, 2018, air travelers with identification that does not meet the REAL ID Act requirements and whose state does not have an extension will need [...]
In a recent case, the Pennsylvania Department of Environmental Protection (“DEP”) filed a lawsuit against Johnson Matthey, a manufacturer of metal alloys, contending its operations contaminated soil and groundwater. In addition to denying those allegations, Johnson Matthey submitted the claim under its own insurance policy. The insurance company sought to avoid covering the [...]
In the recent case of Oliver v. Ball, 136 A.3d 162 (Pa. Super. 2016), the Superior Court ruled in favor of a buyer when the seller backed out of the sale. The buyer and seller agreed to the sale of a 71-acre parcel. When the seller later refused to complete the sale, the [...]
The waiting period for a no-fault divorce in Pennsylvania has recently been reduced from two years to one year. House Bill 380, which Pennsylvania Gov. Tom Wolf signed into law on October 4, 2016 will go into effect on December 4, 2016. This new law is not retroactive and does not impact divorces [...]
In the recent 2016 case of Wakeley v. M.J. Bruner, Inc., the Pennsylvania Superior Court ruled against an employee who had been terminated shortly after starting a new job. Katie Wakeley had been living in Texas, with her husband and child, where she had a stable job as a project manager for an [...]
