Morrisey v. W. Va. AFL-CIO, No. 17-0187, (W. Va., Sept. 15, 2017). In 2016, the West Virginia Legislature enacted the Workplace Freedom Act, which amended labor-relations laws regarding union representation of employees. The Act restricted the ability of unions to compel employee membership and the payment of union dues from non-union members. Several unions filed […]
ZK Results – Attorney Ryan Zeli receives verdict in favor of contractor client
On September 28, 2017 shareholder Ryan Zeli received a non-jury verdict from the Court of Common Pleas of Blair County, Pennsylvania in favor of a contractor he represented who struck a transformer while clearing brush on state game lands. The impact with the transformer caused an oil spill and required specialized environmental cleanup. The Plaintiff, […]
Rancosky v. Washington Nat. Ins. Co., No. 28 WAP 2016 (Pa., Sep. 28, 2017). This appeal arose from a dispute between Conseco Health Insurance Company and its insured (LeAnn Rancosky) over a cancer insurance policy Rancosky had purchased in connection with her employment as a postal worker. The dispute centered on the policy’s waiver-of-premium provision, […]
ZK News – Matthew Breneman presents Personal Injury CLE
Shareholder Matthew Breneman recently served as a speaker at a CLE in Pittsburgh entitled “Personal Injury from A to Z”. His presentation focused in updates on legislation and case law in areas of personal injury litigation. He also discussed the utilization of medical records and bills in developing a case. Please contact Mr. Breneman if […]
ZK News – Westfield Defense Days Awards
Zimmer Kunz and Chris Yoskosky are pleased to be the recipients of two Westfield Insurance awards for 2017. Zimmer Kunz was presented with the Westfield Insurance “Blue Ocean” Award, in recognition of “Value Innovation” and strategic partnership and Chris Yoskosky was the recipient of the 2017 Oars Award for Resolution Through Innovation. These awards were […]
ZK Results – Attorney Jeff Ramaley receives verdict in favor of insurance company client
On July 11, 2017 shareholder Jeff Ramaley received a non-jury verdict from the Court of Common Pleas of Allegheny County, Pennsylvania in favor of an automobile insurance carrier he represented and against an insured in a dispute as to whether a waiver of UIM coverage was valid. The insured argued that the waiver was invalid […]
On May 18, 2017, Judge Conaboy from the United States District Court for the Middle District of Pennsylvania held that the minimum requirement of greater than $75,000 to satisfy diversity jurisdiction was met in an Uninsured Motorist (UM) bad faith claim, even where the policy limits were below this threshold. Koerner v. GEICO Cas. Co., […]
Case Bulletin – US Supreme Court Issues Ruling on Jurisdictional Limits
On June 19, 2017, the U.S. Supreme Court restricted the jurisdictional reach of state long-arm statutes when it struck down a decision by the California Supreme Court allowing out-of-state residents to join a class action lawsuit against Bristol-Meyer Squib filed in California. Previously, the California high court ruled in favor of permitting approximately 600 non-Californians […]
Case Bulletin – The Pennsylvania Supreme Court Clarifies the Duty of Informed Consent
On June 20, 2017, the Pennsylvania Supreme Court addressed a trial court’s instructions to the jury related to informed consent in Shinal v. Toms, M.D., 31 MAP 2016 (Pa. 2017), ultimately overruling prior Superior Court holdings. In doing so, the Pennsylvania Supreme Court held that a physician may not delegate to others his or her […]
ZK News – Zimmer Kunz lawyers named Pennsylvania Super Lawyers for 2017
Zimmer Kunz, PLLC is pleased to announce that Dara DeCourcy, Joseph Butcher, Joseph Selep and George Stewart have again been selected as Pennsylvania Super Lawyers®. Greg Scheuring has again been recognized as a Pennsylvania Rising Star®. This is the 9th straight year that Mr. Stewart and Mr. Selep have been recognized as top defense civil […]
The West Virginia Supreme Court of Appeals recently decided a case in which an insured, Robert Nelson, sought declaratory judgment from State Farm stating that he was entitled to coverage under his State Farm’s homeowner policy when his wife negligently shot him. The case went before the Circuit Court of Harrison County, and State Farm […]
On April 26, 2017, the Supreme Court of Appeals of West Virginia (the “Court”) issued its decision in Ashraf, M.D. v. State Auto Property and Casualty Insurance Company, 2017 WL 1549582 (W. Va. 2017), holding: (1) that a Vacancy provision in a fire insurance policy which provides that an insurer is allowed to reduce by […]
ZK Results – Attorney Aaron Weiss Obtains Defense Win in Auto Negligence Jury Trial
(Pittsburgh, PA) (May 2017). After a two day civil jury trial in the Court of Common Pleas of Beaver County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict for the insured in a rear-end automobile accident. The Plaintiffs presented evidence of damages arising from the accident, including pain and suffering, lost wages, and […]
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 […]
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 […]
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 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 […]
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 […]
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 […]
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). […]
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