Commentary

Third Circuit Scrutinizes Mailbox Rule

In a recent Opinion, the U.S. Court of Appeals for the Third Circuit has dramatically weakened the “mailbox rule,” which created a presumption that a letter was presumed to be received once the sender deposited it into a mailbox. It is about time that the courts examined this rule more closely, particularly in this day […]

Commonwealth Court Imposes its Own Interpretation Over an Arbitrator’s Interpretation

One of the first things they teach you in an arbitration class is that the Court may not overturn an arbitration award merely because it disagrees with the arbitrator’s reasoning. But, the Court did just that in School District of Philadelphia v. Philadelphia Federation of Teachers, Local 3. On July 14th, 2014 the Commonwealth Court […]

Pa. Supreme Court Limits the Cost of Obtaining Medical Records – A Victory for the Consumer

On June 16th, the Pennsylvania Supreme Court favored litigants with limited funds over companies trying to make a profit reproducing records, ruling that medical providers and companies that provide medical records to the public may only charge the actual and reasonable expenses of reproducing the records, provided those expenses do not exceed the statutory cap […]

Two New Workers’ Compensation Decisions Highlight the Fragility of Credibility Findings

In the last week, two Commonwealth Court opinions highlight the difference between the Court’s stated view – that it won’t overturn credibility findings supported in the record – and the reality that Courts do it all the time when they desire a specific result. One of the cases, Arvilla Oilfield Services, Inc. v. Workers’ Compensation […]

U.S. Supreme Court & Florida Supreme Court Decisions May Have Significant Impact on Pennsylvania Civil Litigation & Damages

Two recent decisions by the U.S. Supreme Court and the Florida Supreme Court may have a significant impact on Pennsylvania cases. In Daimler AG v. Bauman, No 11-965 (January 14, 2014), the U.S. Supreme Court stepped into the murky waters of jurisdiction, with a decision that will almost certainly limit the jurisdictions in which mass […]

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