Case Summaries

In Menkowitz v. Peerless Publ’n, Inc., 2017 WL 6397649, the Superior Court granted a judgment n.o.v. to defendant newspaper with regard to plaintiff’s claims for defamation per se, and defamation by implication. 

In Lowman v. Unemployment Compensation Board of Review, 2018 WL 521866, (January 24, 2018), the Commonwealth Court held that a person who applied for unemployment compensation, (UC), benefits did not disqualify themselves for UC benefits by becoming an Uber driver while waiting for a determination on his application for UC benefits.

In Smith v. W.C.A.B., 2018 WL 296840 (January 5, 2018), the Commonwealth Court clarified the employer’s burden of proof with respect to petitions to modify benefits based on a labor market survey. 

In Erie Insurance v. Bristol, 2017 WL 5617628, (Pa., November 22, 2017), the Pennsylvania Supreme Court held that the four year statute of limitation In an uninsured motorist claim did not begin on the date that the insured learned that the adverse driver was uninsured, but rather, on the date that the uninsured motorist carrier allegedly breached a contractual duty, which in this case was either the insurer’s denial of coverage or refusal to arbitrate.

In Dubose v. Quinlan, 2017 WL 5616235, (Pa., Nov. 22, 2017), the Pennsylvania Supreme Court affirmed the decision of the trial court and the Pennsylvania Superior Court, both of which had held that the statute of limitations for medical professional liability in the form of wrongful death or survival action is two years, commencing on the date of decedent’s death, as opposed to two years commencing on the date that the victim ascertained, or in the exercise of due diligence should have ascertained the fact of a cause of action. 

In Secretary United States Department of Labor v. American Future Systems, Inc., 873 F.3d 420 (10/13/2017), the Third Circuit held that the employer’s flexible time policy was subject to the Fair Labor Standards Act, (“FLSA”), that the Department of Labor’s interpretation of FLSA as requiring compensation for rest periods of short duration was subject to the highest level of deference, and that the District Court did not abuse its discretion in awarding liquidated damages

In Reeves v. Travelers, 2017 WL 4930900, (E.D. Pa., 10/31/17), the Eastern District Court upheld the “regularly used, non-owned vehicle” exclusion contained in Traveler’s automobile insurance policy.

In Breslin v. Mountain View Nursing Home, Inc., 2017 WL 4296241, (September 28, 2017), the Pennsylvania Superior Court reversed the trial court’s order dismissing the Plaintiff’s amended complaint seeking negligence and punitive damages. 

In Rancosky v. Washington National Insurance Company, No. 28 WAP 2016, (September 28, 2017), the Pennsylvania Supreme Court considered for the first time the elements of a bad faith insurance claim brought pursuant to the Pennsylvania bad faith statute, 42 Pa.C.S. Section 8371. 

In Breslin v. Mountain View Nursing Home, Inc., 2017 WL 4296241, (September 28, 2017), the Pennsylvania Superior Court reversed the trial court’s order dismissing the Plaintiff’s amended complaint seeking negligence and punitive damages. 

On September 25, 2017, the Pennsylvania Supreme court denied an application for allowance of appeal from the decision of the Pennsylvania Superior Court in High v. Pennsy Supply, Inc.,154 A.3d 341 (1/13/17), which reversed the decision of the Dauphin County Court of Common Pleas, which granted summary judgement for Defendant in this products liability case. 

In Mann v. Palmerton Area School District, 2017 WL 4172055, (9/21/17), the Third Circuit affirmed the District Court’s grant of summary judgment in favor of a high school football coach and school district.

The case is Safe Auto Insurance Company v. Oriental-Guillermo, 2017 W.L. 4124219, Opinion by Dubow, J., joined by Solano, J.  Dissenting opinion by Ford Elliott, P.J.E. On September 18, 2017, the Pennsylvania Superior Court held that an insurance carrier can exclude “Permissive Driver Coverage” if the permitted driver is not related to the policy holder, is living with the policy holder, and is not specifically listed on the policy.

In Neifert v. Speedway, LLC, 2017 WL 4052264, (Pa. Super. 9/14/17), the Superior Court affirmed the grant of summary judgment by the Berks County Court of Common Pleas.  (Berks CCP, 15-3929).  In this case, Plaintiff slipped and fell on ice in the parking lot of the Speedway gas station on December 7, 2012.  Small patches of black ice were found near where Plaintiff fell from a light misty precipitation.

In Zuber v. Boscov’s, 2017 WL 3974513 (3rd Cir. 9/11/17), the Third Circuit held that the language of the release contained in a workers’ compensation Compromise and Release (C&R) agreement, did not bar the employee from suing his employer under FMLA and Pennsylvania common law employee rights theories.

In Haslam v. WCAB, 2017 WL 3798517, (Pa. Cmwlth. Ct., 9/1/17), the Commonwealth Court reversed the WCAB which had concluded that Employer was NOT required to pay for treatment of claimant’s RRS/CRPS condition after claimant entered into a Compromise and Release (“C&R”) Agreement which described Claimant’s injury on a standardized Labor & Industry form as “[v]arious injuries and bodily parts including but not necessarily limited to fractured

On September 25, 2017, the Pennsylvania Supreme court denied an application for allowance of appeal in High v. Pennsy Supply, Inc., 154 A.3d 341 (1/13/17). 

The Pennsylvania Supreme Court granted Appellant’s Petition for Allowance of Appeal In Nicolaou v. Martin, (August 18, 2017), on the issue of the discovery rule.

In D&R Construction v. WCAB, 2017 WL 3254789,  (August 1, 2017), the Commonwealth Court held that the CWMA may not be applied retroactively,

In Coffman v. Kline, 2017 WL 3123867, (Pa. Super., July 24, 2017), the Lehigh County domestic relations section (DRS) filed a petition on behalf of a mother seeking to hold a workers’ compensation claim servicer in contempt for disbursing workers’ compensation settlement proceeds of less than $5,000.00 in violation of the DRS non-disbursement order.