News & Publications

Zimmer Kunz Results November 1, 2021

ZK Result – Attorneys Mark Fiorilli and Adam Auchey secure dismissal of client in high stakes litigation in West Virginia

(Brooke County, WV) (October 2021) Last month, Zimmer Kunz attorneys Mark A. Fiorilli and Adam S. Auchey obtained a significant victory at the summary judgment stage in Brooke County, West Virginia. In early 2021, our client was joined into a lawsuit originally filed in 2016, alleging a deliberate intent claim against it.  The plaintiff contends […]

Zimmer Kunz Results October 8, 2021

ZK Result – Attorney Aaron Weiss Obtains Defense Win in Auto Accident Jury Trial

(Allegheny, PA) (October 2021). After a two day civil jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict on behalf of his client in a motor vehicle accident at a three-way intersection. Both parties claimed the other was at fault, and that he/she […]

Zimmer Kunz News September 15, 2021

ZK News – Zimmer Kunz Sponsors Barrel & Flow Festival

This year Zimmer Kunz sponsored Barrel & Flow, a craft beer festival to promote craft beer among diverse communities, specifically the African American community. As part of the event, ZK collaborated with Anthony “Sizzle” Perry and his team at Crafted Culture in Columbus, Ohio to brew a beer. Crafted Culture is the Central Ohio’s first […]

Zimmer Kunz News August 10, 2021

ZK News: Attorney Aaron Weiss Speaking on Brewery Law at Upcoming Barrel & Flow Festival in Pittsburgh, PA

Attorney Aaron Weiss will be speaking about brewery law at the upcoming Barrel & Flow Festival on Friday, September 10, 2021. Aaron’s topic is titled “Fermentation and Litigation” and will discuss an overview of the aspects of litigation that can impact breweries and other businesses in order to provide knowledge, context, and comfort to this […]

West Virginia Updates August 5, 2021

WV Update – West Virginia State Legal Summary Outline

A. Liability/Fault           Fault Scheme Modified Comparative – 51% Bar If a plaintiff is negligent, the degree of fault will reduce their recovery, until it equals the fault of others, then it will be barred. W. Va. Code § 55-7-13(a-d) (2015). Under the modified comparative fault system, each party is held responsible for damages in […]

West Virginia Updates August 2, 2021

WV Update – West Virginia Enacts Legislation to Implement Intermediate Court of Appeals

On April 8th, 2021, Senate Bill 275 was signed by Governor Jim Justice of West Virginia. This new bill creates The Intermediate Court of Appeals of West Virginia.  This bill removes the Workers’ Compensation Office of Administrative Law Judges, also known as the Office of Judges, and transfers its duties and powers to the Workers’ […]

Pennsylvania Updates June 24, 2021

PA Update – Recent Third Circuit Ruling in Dunleavy Distinguishes Gallagher: Certain Household Vehicle Exclusions Are Still Enforceable

On March 18, 2021, the Third Circuit Court of Appeals affirmed the May 19, 2020 order of the United States District Court in the Western District of Pennsylvania in Dunleavy, et al. v. Mid-Century Ins. Co., 2020 WL 2536816 (W.D. Pa. May 19, 2020). In doing so, these Federal Courts distinguished the Pennsylvania Supreme Court […]

Zimmer Kunz Results June 9, 2021

ZK Result – Attorney Aaron Weiss Obtains Dismissal of Parent in Lawsuit for Injuries at Daughter’s College Apartment

(Allegheny County, PA) (March 2021). Zimmer Kunz attorney Aaron Weiss recently obtained a dismissal of a parent from a lawsuit for personal injuries arising out of his daughter’s college apartment. A college student alleged that he was injured when he fell from the roof of an apartment during a party. When the student sued the […]

Zimmer Kunz News June 1, 2021

ZK News – Pennsylvania Super Lawyers and Rising Stars

Zimmer Kunz is pleased to announce that Dara DeCourcy, Joseph Selep, George Stewart, and Joseph Butcher have again been selected as Pennsylvania Super Lawyers©, and Aaron Weiss has been recognized as a Pennsylvania Rising Star. The Super Lawyer designation entails a peer review nomination process, supplemented by third party research to establish high ethical standards […]

West Virginia Updates May 3, 2021

WV Update – West Virginia Enacts Legislation Impacting Asbestos and Silica Lawsuits

On April 15, 2021, West Virginia Governor, Jim Justice, signed House Bill 2495 into law.   Notably, this bill codifies the following requirements for asbestos and silica lawsuits: A plaintiff with a non-malignant condition must file a medical report and diagnosis, prepared by a qualified physician and meeting the statutory requirements, within ninety days of filing […]

Industry News April 9, 2021

Pennsylvania Supreme Court Affirms that the PLCB Must Implement a Procedure for Direct Shipment of Special Orders

On March 25, 2021, the Pennsylvania Supreme Court affirmed the previous Opinion and Order of the Commonwealth Court, holding that the PLCB must implement a new procedure permitting the shipment of special orders directly to customers. MFW Wine Co., LLC v. Pa. Liquor Control Bd., 2021 Pa. Lexis 1275 (Pa. Mar. 25, 2021). Prior to […]

Zimmer Kunz News April 9, 2021

ZK News – Attorney Joseph Butcher to Present for National Business Institute

Zimmer Kunz Attorney and Shareholder Joseph Butcher will be one of the speakers for National Business Institute’s Mini-MBA for Attorneys on April 23, 2021.  Mr. Butcher will be speaking on the topic of Labor and Employment Law.  The link for the live on-line seminar is as follows:

Pennsylvania Updates March 22, 2021


During the week of March 15, 2021, the Pennsylvania House of Representatives passed several bills reforming and amending various aspects of criminal law and evidentiary rules.  These bills include: HB 103 – This bill would create the offense of harassment of a law enforcement officer if a person intentionally causes or attempts to cause a […]

Pennsylvania Updates March 10, 2021

Case Bulletin – 1 S.A.N.T. Inc. vs. Berkshire Hathaway, Inc. and National Fire & Marine Insurance Co.

On January 15, 2021, U.S. District Judge William S. Stickman IV dismissed a Pennsylvania restaurant’s proposed class action seeking coverage from its insurance company for losses due to the coronavirus. The court found that establishments that were limited to carry-out service during the pandemic had not sustained the “direct, physical loss” that is necessary to trigger their […]

Industry News January 18, 2021

Case Bulletin – EEOC v. Route 22 Sports Bar, Inc. and Crazy Mexican Restaurant & Grill, LLC

The EEOC recently filed suit against two West Virginia Restaurants, Route 22 Sports Bar, Inc. and Crazy Mexican Resaurant & Grill, LLC.  The charging party, a female employee along with a class of female employees, alleged being subjected to a hostile work environment because of their sex. The Defendants also are alleged to have retaliated […]

Zimmer Kunz Results January 6, 2021

ZK Result – Attorney Jeffrey Ramaley Obtains Summary Judgment in Insurance Coverage Dispute

(Somerset County, PA) (November 2020). Zimmer Kunz attorney, Jeffrey Ramaley, recently obtained Summary Judgment in favor of an auto insurance carrier arising out of a Declaratory Judgment Action regarding an insurance coverage dispute. In this case, the insurer issued a policy to an individual, naming him as both the policyholder and an excluded driver. The […]

Zimmer Kunz Results January 4, 2021

ZK Result – Attorney Aaron Weiss Obtains Superior Court Affirmation of Judgment on the Pleadings

(Bedford, PA) (November 2020). In November of 2020, Zimmer Kunz attorney Aaron Weiss obtained Affirmation from the Pennsylvania Superior Court against Plaintiffs’ appeal of an award entering Judgment on the Pleadings on behalf of the Defendant for a motor vehicle accident where Plaintiffs had previously signed a release. In November of 2017, Plaintiffs signed a […]

Zimmer Kunz News August 19, 2020

ZK News – Dara DeCourcy Serves as Planner for Pennsylvania Bar Institute’s Webcast

Dara DeCourcy served as a course planner for the Pennsylvania Bar Institute’s webcast, “Virtual Advocacy in Pennsylvania’s Appellate Courts”. The webcast will air August 27 at 2:00 pm. The program features Supreme Court Justice Christine Donohue, Superior Court Judge Carolyn Nichols and Commonwealth Court Judge Michael Wojcik; they will describe the methods their courts use […]

Pennsylvania Updates August 13, 2020

Covid-19 Update – Restaurants, Breweries, Wineries, and other Licensed Premises Permitted to Temporarily Add Outdoor Serving Areas Due to Covid-19

For all Pennsylvania licensed alcohol establishments, the Pennsylvania Liquor Control Board (PLCB) has temporarily waived both the application fee and the 30-day waiting period typically required to extend a licensed premises outdoors. A few key notes for an establishment seeking to obtain an outdoor extension of premises include:  The establishment must submit a plan for […]

Zimmer Kunz Results May 18, 2020

ZK Results – Attorneys Aaron Weiss, and Jeffrey Ramaley Obtain Summary Judgment in Insurance Coverage Dispute

(Armstrong County, PA) (April 2020). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley recently obtained Summary Judgment in favor of an auto insurance carrier arising out of a Declaratory Judgment Action regarding a coverage dispute for liability coverage for the daughter of the insured policy holder. In this case, the insured’s daughter was involved in […]