(Mercer County, PA) (August 2019). Zimmer Kunz attorney Aaron Weiss successfully defended a local craft brewery against a nuisance lawsuit filed by one of its neighbors. In August of 2019 the parties were able to reach an amicable settlement to resolve all outstanding issues. Plaintiff initially filed suit against the brewery alleging it was creating […]
ZK News – Zimmer Kunz sponsors Counselors vs Cancer
This year, the American Cancer Society and Westfield Insurance joined forces to host the fourth annual Counselors vs. Cancer Charity Golf Classic. Zimmer Kunz was once again an Elite Sponsor of this event. The 2019 Classic was a great success. Dollars raised will help the American Cancer Society support education and prevention efforts, fund cancer […]
Case Bulletin – Superior Court Permits Incomplete Deposition Testimony To Be Used Against Defendants
On October 28, 2019, Pennsylvania’s Superior Court issued a critical ruling in the Estate of Nicholas J. Kardos matter related to the admissibility of incomplete deposition testimony and an affidavit executed by an individual who died prior to completion of his deposition. In its decision, the Kardos court held that the trial judge improperly excluded […]
The recent Corey decision by the Pennsylvania Superior Court serves to underscore the importance of discovery designed to seek information regarding marital issues in a case where loss of consortium is claimed. The Superior Court ruled last month that a spouse who brought a survival action against her husband’s treating physician and hospital could not […]
ZK Update – DOL Publishes Updated Overtime Exemption Threshold for Salaried Employees
On Tuesday, September 24th, the Department of Labor (“DOL”) announced a final rule for its interpretation of the salaried employee exemptions from minimum wage and overtime pay requirements under the Fair Labor Standards Act. The rule, commonly known as the “EAP” exemption (Executive, Administrative, Professional), provides that employees are exempt from overtime requirements if they […]
ZK News – Zimmer Kunz Associate Narrates Practice Management Audiobook
Thomas Cocchi, an associate in Zimmer Kunz’s Pittsburgh office, has narrated an audiobook geared towards helping lawyers manage their clients, cases, and overall practice. The book is entitled “Stop Putting out Fires: Building a More Efficient and Profitable Law Practice” and was written by Jeremy W. Richter, an attorney with Webster Henry in Birmingham, Alabama. […]
ZK News – Zimmer Kunz Joins the Brewers of Pennsylvania
Zimmer Kunz is proud to announce its new membership with the Brewers of Pennsylvania. Pennsylvania legislation in recent years has helped cultivate a large number of breweries and microbreweries in our region. Zimmer Kunz’s brewery and liquor law practice handles a wide variety of legal matters, including litigation for social host liability, premises liability, inadequate […]
ZK News – ZK Attorney Ryan Zeli Presents Seminar on Case Assessment and Evaluation
On June 26, 2019, Zimmer Kunz attorney Ryan Zeli presented a seminar for TransGlobal Adjusting Corporation regarding case assessment and evaluation. The presentation focused on early identification of critical facts and legal issues related to variety of different claims, and the ultimate impact early identification of the critical issues will play in the eventual resolution […]
ZK Result – Attorney Aaron Weiss Obtains Defense Win in Auto Accident Jury Trial
(Pittsburgh, PA) (May 2019). After a civil jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict for the insured involved in an automobile accident. The defense challenged both liability for the accident and Plaintiff’s alleged damages. The jury returned a verdict in favor […]
ZK News – 4 ZK Attorneys Named Best Lawyers® and 3 ZK Attorneys Named 2019 Super Lawyers®
Zimmer Kunz is pleased to announce that 4 of our attorneys have been named 2019 U.S. News – Best Lawyers® and 3 were named 2019 Super Lawyers®. Best Lawyers® Dara DeCourcy – Insurance Law and Insurance Litigation Joni Mangino – Mass Tort Litigation Joseph Selep – Personal Injury Litigation – Defendant and Professional Malpractice Litigation […]
ZK Result – Attorney Aaron Weiss Obtains Summary Judgment for Lack of Notice in Slip and Fall Case
(Mercer County, PA) (April 2019). In April of 2019 Zimmer Kunz attorney Aaron Weiss obtained Summary Judgment in favor of the defendant hotel before Judge St. John of Mercer County. Plaintiff, a hotel guest, filed suit against the hotel for Negligence arising out of a slip and fall in April of 2016. During discovery, Plaintiff […]
(Westmoreland County, PA) (April 2019). In April of 2019 Zimmer Kunz attorneys Chris Yoskosky and Aaron Weiss obtained an Opinion and Order from Judge Smail, of Westmoreland County, granting their Motion to Compel Plaintiff’s Facebook log-in information. There are no appellate decisions on this issue, and this was the first opinion from Westmoreland County on […]
In a lawsuit arising out of an alleged slip and fall in the parking lot of a drug store, the Plaintiff claimed that she fractured her left wrist as a result of falling on accumulated snow and ice. At her deposition, the Plaintiff denied that she was employed subsequent to the accident. However, it was […]
ZK Results – Attorney John W. Zotter Successfully Raises Statutory Employer Defense
In a lawsuit arising out of an industrial accident, the Plaintiff sought damages for the partial amputation of his left foot resulting from an accident wherein a counterweight pipe that was being hoisted by a crane broke and fell onto his foot. The Plaintiff’s medical bills and lost wages totaled approximately $400,000. At the time […]
(Adams County, PA) (January 2019). Zimmer Kunz attorneys Chris Yoskosky and Aaron Weiss obtained a dismissal of a national fraternity after it was sued, among other defendants, for an alleged assault by one fraternity member against another at a Spring Social. Plaintiff filed suit against the individual fraternity member, the local chapter, the national fraternity, […]
ZK Results – Attorney Sharon Hall Granted Summary Judgment
Attorney Sharon Hall was granted summary judgment on behalf of her insurance client in a breach of contract/bad faith action in the United States District Court for the Western District of Pennsylvania. In a 37 page opinion dismissing the matter, the Court ruled that the additional insured had failed to provide timely notice to the […]
On October 17, 2018, the Pennsylvania Supreme Court published an opinion that requires determinations regarding the applicability of the discovery rule to toll a statute of limitations to be put to a jury. In Nicolaou v. Martin, et al., No. 44 MAP 2017, 2018 WL 5019804 (Pa. October 17, 2018), the Pennsylvania Supreme Court held […]
(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim. Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result […]
In September of 2018, the United States District Court for the Eastern District of Pennsylvania addressed the issue of whether an insurer’s actions constituting criminal assault could be considered an “occurrence” under a homeowner’s insurance policy affording coverage and indemnity. The declaratory judgment action in the Eastern District of Pennsylvania stemmed from an underlying civil […]
In a lawsuit arising out of an alleged slip and fall in the parking lot of a shopping plaza, Plaintiff alleged that she slipped and fell on ice that had accumulated in the parking lot, and that there had been a significant accumulation of snow and ice over the 24 hours prior to the incident. […]
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