Category

General Law

Qualified Immunity For Police

Accountability for police officers has drawn special scrutiny after last summer’s protests. Negotiations in Congress over a sweeping police reform bill in honor of George Floyd are now stalled over whether to eliminate qualified immunity. H.R.7120 – 116th Congress (2019-2020): George Floyd Justice in Policing Act of 2020 | Congress.gov | Library of Congress

Qualified immunity provides…

Don’t Exclude These Arguments – Part 2

Gallagher has opened a new line of attack against both household and regular use exclusions. Our goal as trial lawyers is to extend Gallagher to new sets of facts.

Let’s consider a teen driver who lives with her parents. The excited teen gets her first car, but her parents, unexcitedly, decide not to put her car on their policy. She purchases a bare minimum policy and rejects UM/UIM. After…

Don’t Exclude These Arguments

We all know the sinking feeling of receiving a letter from an insurer disclaiming coverage based on a policy exclusion. This article addresses how to fight back against two of the biggest culprits, the household exclusion and the regular use exclusion. We focus on the client who is riding in a vehicle (the “host vehicle”) and seeks UM/UIM coverage from a household policy. It’s…

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 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…

Upcoming Seminar

Come to my upcoming seminar on 8/7/2019
Here is a link to the seminar webpage: Auto Injury Litigation: The Ultimate Guide

Many of our speakers request this link because it is a convenient and effective way to inform colleagues and clients of their upcoming presentation. By sharing this link, speakers are able to enhance the level of exposure for themselves and their organization.

Pleas…

Negotiating Those Pesky Health Insurance Liens

NEGOTIATING STRATEGIES TO LIEN ON
When it comes to negotiating those pesky health insurance liens, don’t despair. Rejoice! These liens add value to your case. And handled properly, you can maximize both your fee and your client’s bottom line. Timing and tactics are the keys to unlocking this knotty task.

When is the best time to start the negotiation with the lien holder/collection…

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 lawyers with a touch of humility, and where appropriate, humor. They may be expecting…

The Value of a Human Life

How does one place a monetary value on life? Some say it cheapens human life to assess a financial value. Our justice system though provides only one remedy in the event that a negligent act results in loss of life, and that is money. So lawyers are often tasked with proving damages in these cases. Judges and juries assess value on that basis.
 
Pennsylvania law divides these cases up into two…

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