The Pennsylvania Commonwealth Court recently decided the case of Torijano v. WCAB, in which the workers’ compensation benefits of an injured employee were suspended. The employee injured his back during the course of his employment for a plumber and filed a claim for benefits. He was placed on medical restrictions, but could do [...]
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 [...]
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 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 [...]
In the recent Superior Court case of Hill v. Slippery Rock University, a college basketball player collapsed during a late night high-intensity practice with his team. After being transported to the emergency room, he suffered cardiac arrest and passed away. It was then discovered that the victim suffered from a blood disease that [...]
Pennsylvania Senate Bill No. 166 was signed into law on February 16, 2016, which seals certain criminal record information from public release. The change to the law allows a person who has been free from arrest or criminal charges for the last 10 years to file a Petition with the Court for limited [...]
