News & Publications

Pennsylvania Updates April 25, 2017

Pennsylvania Superior Court Permits Evidence of Industry and Safety Standards In Products Liability Case Post-Tincher

On April 11, 2017, the Superior Court affirmed the trial court’s admission of evidence of industry and safety standards in the first products liability case considering this issue after the Pennsylvania Supreme Court’s landmark ruling in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014).   In Renninger v. A&R Machine Shop, ___ A.3d […]

Pennsylvania Updates April 25, 2017

Case Bulletin – PA Superior Court Upholds Arbitration Clause

On March 30, 2017, Pennsylvania’s Superior Court addressed the issue of mandatory arbitration arising out of a contract in Fellerman v. Peco Energy Co., 2017 WL 1175434 (Pa. Super. 2017).  In Fellerman, the plaintiffs retained the defendant to perform a home inspection as part of a real estate transaction.  The plaintiffs signed a contract prepared […]

Pennsylvania Updates April 25, 2017

Case Bulletin – Federal District Court Addresses Improper Allegations in Insurance Bad Faith Case in Recent Decision

On January 27, 2017, the United States District Court for the Middle District of Pennsylvania held that references of fiduciary duties owed to an insured by an insurance company must be stricken from plaintiff’s Complaint alleging claims of bad faith. In Meyers v. Protective Insurance Company, the Plaintiff husband was injured in a hit-and-run vehicle […]

Zimmer Kunz News March 26, 2017

ZK News – Joseph F. Butcher and Aaron H. Weiss Lead Western Pennsylvania Chapter of the Federal Bar Association

Zimmer Kunz PLLC is pleased to announce that Shareholder Joseph F. Butcher will serve as the President of the Western Pennsylvania Chapter of the Federal Bar Association for 2017.   Associate Aaron H. Weiss will serve as the chapter’s Younger Lawyer’s Chair.  The Federal Bar Association and its Western Pennsylvania Chapter is the premier bar […]

Zimmer Kunz Results March 26, 2017

ZK Result – Pennsylvania Superior Court Affirms Entry of Compulsory Non-Suit Obtained by Joseph W. Selep and Joseph F. Butcher

On February 28, 2017, the Pennsylvania Superior Court in Dolby v. Ziegler Tire and Supply Company, et al. affirmed the Court of Common Pleas of Allegheny County’s entry of a compulsory non-suit in favor of the defendants. Plaintiffs alleged that a coal truck accident occurred as a result of an allegedly defective retreaded truck tire […]

West Virginia Updates March 26, 2017

Case Bulletin – Supreme Court of West Virginia Issues Ruling on Assignment of Claims Against Insurer

On March 1, 2017, the Supreme Court of Appeals of West Virginia (the “Court”) issued its decision in Penn-American Insurance Co. v. Osborne, 2017 WL 878716 (W. Va. 2017), holding: (1) a consent judgment was not binding on an insurer that was not a party to the original suit; and (2) a pre-trial assignment of […]

Pennsylvania Updates March 26, 2017

Case Bulletin – Attorney’s Fees Permitted Even Where Plaintiff Elected $25,000 Limit Under Pa.R.C.P. 1311.1

On March 1, 2017, the Pennsylvania Superior Court held in a matter of first impression that a plaintiff who elects to limit damages to $25,000 pursuant to Pa.R.C.P. 1311.1 may still recover attorney’s fees in excess of that limit. Grimm v. Universal Med. Servs., Inc., ___ A.3d ___, 2017 Pa. Super. 53 (Mar. 1, 2017). […]

Zimmer Kunz News February 27, 2017


Two Penn State Law students find success at Zimmer Kunz, PLLC, through the Allegheny County Bar Association’s Summer Clerkship Program.

West Virginia Updates February 26, 2017

Case Bulletin – Fourth Circuit Rules that Expert’s Testimony is Unreliable and Inadmissible

In Nease v. Ford Motor Company (4th Cir., February 1, 2017) 2017 WL 437665, the United States Court of Appeals for the Fourth Circuit ruled that Plaintiff’s expert’s testimony was unreliable and inadmissible.   Plaintiff, Howard Nease, commenced a product liability action against Ford Motor Company alleging that Mr. Nease suffered injuries in an accident caused […]

Pennsylvania Updates February 26, 2017

Case Bulletin – PA Superior Court Addresses Minor Deviations to UIM Waiver Form

On December 14, 2016, the Pennsylvania Superior Court (the “Court”) issued its decision in Petty v. Federated Mutual Insurance Co., 2016 WL 7234016 (Pa. Super. 2016), holding: (1) the deviations from the statutory form for waiving underinsured motorist (“UIM”) coverage and the actual form used by the insurer were inconsequential niggles that had no impact […]

Zimmer Kunz News February 22, 2017

Christopher Yoskosky and Zimmer Kunz awarded the Westfield Insurance Top Gavel Award for 2016

The Top Gavel recognizes Zimmer Kunz as Westfield’s Best Business Practices Partner for 2016.  Nominations for the award were submitted by Westfield Claims Professionals to the Claims Legal Unit for consideration.  Westfield representatives, Michael Cronin, Robyn Lepore and Gary McClintock visited our Pittsburgh office to present the award.  Chris and his team are honored to receive […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Third Circuit Reviews the Daubert Standard For Experts in Employment Law

On Tuesday, January 10, 2017, the United States Court of Appeals for the Third Circuit issued a ruling in Karlo v. Pittsburgh Glass Works, LLC,  where it discussed statistical expert opinions and interpreted the standard under Daubert for utilizing these experts’ opinions.   In Karlo, the defendant was a manufacturer of automotive glass.  When the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Pennsylvania Superior Court Applies Tincher in Recent Products Liability Case

In an opinion announced on January 13, 2017 in High v. Pennsy Supply, Inc. (No. 411 MDA 2016), a strict products liability case, the Pennsylvania Superior Court reversed the order of the Court of Common Pleas of Dauphin County granting summary judgment in favor of the defendant concrete supplier.  The Superior Court held that the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Superior Court of Pennsylvania Holds that Issues Relating to Privilege Are Immediately Appealable as a Collateral Order

In Farrell v. Regola, the Superior Court of Pennsylvania recently held that issues involving documents allegedly covered by attorney-client privilege were immediately appealable as a collateral order; communications made to clinical social workers were protected by the psychiatrist/psychologist privilege; and handwritten notes taken during civil deposition; and a prior criminal trial were protected by attorney client […]

Zimmer Kunz Results January 10, 2017

ZK Results – Attorneys Jeff Ramaley and Francesca Miller successful in persuading trial court to apply the Dead man’s Act

In late December, 2016, ZK attorneys Jeff Ramaley and Francesca Miller, representing an estate that was a defendant in a personal injury action, were successful in persuading the Indiana County Court of Common Pleas to apply the Dead man’s Act before trial.  The estate was one of two defendants.  The court ruled that the plaintiff […]