News

Suing Over COVID-19

Politicians debate granting legal immunity to businesses where COVID-19 spreads. In the absence of statutory immunity, a business is liable for damages it causes through its negligence. That is a very low standard of care. It means if there is carelessness, there is liability. Certainly, if the business owner knowingly allows an infected person to come back to work, and that person infects…

Real Property Exception Gets a Boost

Real Property Exception Gets a Boost

The Pennsylvania Supreme Court, in Brewington v. City of Philadelphia, clarified and gave a boost to the real property exception to governmental immunity. The Court upheld the Commonwealth Court’s reversal of a grant of summary judgment in a case involving the absence of padding in a school gymnasium. A student ran into the wall during a relay rac…

Supreme Court Expands LGBTQ Rights

You may be wondering why Neil Gorsuch, a Conservative Supreme Court justice, wrote the majority opinion in this week’s landmark ruling for LGBTQ rights. The Supreme Court has rules that dictate which justice writes for the majority. The most senior justice voting in the majority makes the assignment, and can assign the responsibility to him- or herself. If the chief justice (Justice Roberts)…

Novel Virus Leads to Novel Tsunami of Litigation

Novel Virus Leads to Novel Tsunami of Litigation

COVID-related losses have spawned a wave of litigation as consumers and injured parties seek compensation for their damages. Among the most frequent claims are consumer class actions against:

1. Gyms and sporting clubs that continue charging monthly dues and membership fees even though their doors are closed, and

2. Ski and other resorts…

Coronavirus and Injury Litigation

The COVID-19 pandemic is creating big problems for just about everyone. As a personal injury lawyer, I am thinking about you, my client. We all need to be prepared for cancelled medical appointments and more. Your physical therapy regimens are probably going to be suspended for weeks if not months. And, of course, there’s no pause button for your injuries or your pain. I will be suggesting…

Coronavirus and Litigation

We all need to be prepared for cancelled medical appointments. As a personal injury lawyer, I am thinking about how to advise my clients. My clients’ physical therapy regimens are probably going to be suspended for weeks if not months. I will be suggesting alternative home-based therapy for my clients.

If you are currently getting physical therapy, please speak to your doctor or therapist…

Real Property Exception Gets a Boost

Real Property Exception Gets a Boost

The Pennsylvania Supreme Court, in Brewington v. City of Philadelphia, clarified and gave a boost to the real property exception to governmental immunity. The Court upheld the Commonwealth Court’s reversal of a grant of summary judgment in a case involving the absence of padding in a school gymnasium. A student ran into the wall during a relay rac…

Sovereign Immunity

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong.

Not until 1946 did Congress begin carving out exceptions to this rule as it pertains to injury claims. The Tort Claims Act waived sovereign immunity for certain categories of injuries caused by the United States or Federa…

Sovereign Immunity

Sovereign Immunity is a legal doctrine that protects governments from lawsuits. It stems from an old English common law principle: The king can do no wrong.
Not until 1946 did Congress begin carving out exceptions to this rule as it pertains to injury claims. The Tort Claims Act waived sovereign immunity for certain categories of injuries caused by the United States or Federal employees.

Insurance Adjusters are People Too

Insurance Adjusters are People Too

An adjuster suggested that my case was worth only “nuisance value.” I replied, “You may be willing to settle for nuisance value, but I have to tell you. I can be A VERY BIG NUISANCE…. Just ask my wife.” The adjuster chuckled.

I try to approach my communications with insurance companies and their defense lawyers with a touch of humility, and wher…

Copyright ©2020. All Rights Reserved. | Disclaimer | Site Map