How Does a Dram Shop Case Work in Pittsburgh?
We all will recognize a dram shop but maybe not by name. Simply put, it is a for-profit establishment, like a bar, tavern, lounge, restaurant, or club, that serves alcohol to its customers. For a short history lesson, the term “dram shop” comes from England, where gin was sold by the spoonful or “dram.” In…
Read MoreJAMA Surgery Publishes Article Regarding the Association Between Vaginal Mesh and Mesh Erosions
On November 30, 2016, The Journal of American Medical Association (“JAMA”) published its mesh investigation, Association Between the Amount of Vaginal Mesh Used With Mesh Erosions and Repeated Surgery After Repairing Pelvic Organ Prolapse and Stress Urinary Incontinence. Pelvic mesh is a material that surgeons often use for treatment of female urinary incontinence and other conditions.…
Read MoreRecent U.S. Supreme Court Case Has a Significant Impact on DUI cases in Pennsylvania
On June 23, 2016 the United States Supreme Court issued a decision in the case Birchfield v. North Dakota. The U.S. Supreme Court in Birchfield held that the Fourth Amendment permits warrantless breath tests incident to arrest for drunk driving, but that it does NOT permit warrantless blood tests. This ruling has had a significant impact on Pennsylvania DUI…
Read MoreThe Pennsylvania Supreme Court Issues Pro-Employee Opinion In Whistleblower Case
On August 31, 2015, the Supreme Court of Pennsylvania issued a 17 page Opinion in the matter of Bailets v. The Pennsylvania Turnpike Commission, 2015 Pa. LEXIS 1995 (2015). In Pennsylvania, the Whistleblower Law provides protection for employees of a public employer who reported a suspected violation of state law or waste. However, the Whistleblower Law does not…
Read MoreRailroads May Be Sued for Damages in PA Under State Law
On May 14, 2015, the Honorable Judge R. Stanton Wettick, Jr. issued a Memorandum and Order of Court denying a railroad’s request to be dismissed from a property damage case in the matter of Environmental Air, Inc. v. Wheeling and Lake Erie Railway Company, which can be found at GD-11-013611 in the Court of Common Pleas of…
Read MoreBreach of Fiduciary Duty of Loyalty Employment
Trial Court Affirms Damage Award of $2.4 Million Plus Punitive Damages To Employer against Employee for a Breach of Duty of Loyalty One of the most damaging events for a small business is misconduct by a former employee stealing its customers and valued employees. This issue was addressed in a recent court decision. On December 10,…
Read MoreExpert Testimony: PA Rule of Evidence 702 and the Frye Reliability Factors
Pennyslvania Rule of Civil Procedure 207.1 “establishes procedures for motions to exclude expert testimony which relies upon novel scientific evidence. The rule does not address the requirements for the admission of expert testimony under Pa. R.R. 702 and 703, which are governed by case law.” Pa. R. Civ.P. 207.1(note). Read full article.
Read MoreNEJM Article Debunks Defensive Medicine Myths and the Effects of Tort Reform
It has long been a position of those who wish to promulgate tort reform that underlying malpractice claims cause physicians to practice defensive medicine. Defensive medicine essentially means that doctors are ordering extra tests, taking extra precautions, and are being overly protective of their practices so as to over-treat patients. Tort reform laws are statutes…
Read MoreCarmody and Ging Gather Decision Regarding Private Roads in Pennsylvania
A summary of the court’s decision follows. Groner argues that his proposed taking is nonetheless constitutional under § 204(b)(9) of the Eminent Domain Code, 26 Pa. C.S. § 204(b)(9). We do not agree. That section provides that Pennsylvania’s statutory prohibition against use of eminent domain “for private enterprise” does not apply where “[t]he property is used or to be…
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