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’ […]
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 […]
(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 […]
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 […]
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 […]
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 […]
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: https://www.nbi-sems.com/ProductDetails/The-Mini-MBA-for-Attorneys/Online-Seminar/89221ER_3210050?st=PA&crdt=PA%20CLE&pt=1
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
(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 […]
EEOC Guidance Relating to COVID 19 Testing
On April 23, 2020, the EEOC put out new guidance pertaining to employers requiring COVID 19 testing/inquiries. The EEOC guidance attempts to clarify the legality of such testing under the ADA. According to the EEOC guidance, during a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For […]
Covid-19 Update -The Pennsylvania Supreme Court’s April 1, 2020 Order
On Wednesday, April 1, 2020, the Pennsylvania Supreme Court issued its Second Supplemental Order regarding the Judicial Emergency caused by Covid-19. Most significantly, all Pennsylvania courts are to remain closed to the public (except for essential services) through April 30, 2020. President Judges of each court of common pleas are authorized to extend this closure […]
Case Bulletin – Roverano v. John Crane, Pennsylvania Supreme Court
In Roverano v. John Crane, the Pennsylvania Supreme Court considered whether the Fair Share Act requires a factfinder to apportion liability on a percentage, as opposed to a per capita basis, in strict liability asbestos actions. The Court also considered whether the Fair Share Act requires a factfinder to apportion liability to bankrupt entities that […]
Attorney Aaron Weiss has been selected to speak at the upcoming annual Federal Bar Association’s Rising Young Professional Symposium on March 20-21, 2020 in Washington, DC. This symposium joins attorneys from across the country for two days of CLEs on a wide variety of topics related to federal practice. Aaron’s topic is titled “Alternative Service […]
Dan Cuddy participated in a panel discussion CLE program on the basics of practicing criminal law. The session was organized by Thomas Cocchi as part of his participation in the Bar Leadership Initiative Class with the ACBA Young Lawyers Division. The session covered the basics of criminal procedure for attendees at the Science Center’s “True […]
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