Pennsylvania court deems nursing home subject to claim for corporate negligence: Scampone v. Grane Healthcare Co., 2010 PA Super 124 (Pa. Super. Ct. July 15, 2010)

Madeline Scampone was a resident of Highland Park Care Center, a nursing home facility managed by Grane Healthcare Company. Following Scampone's death, plaintiff filed a negligence action against Highland and Grane, alleging that Scampone's heart attack was the result of an infection, dehydration...

Judge Cacheris Permits Vicarious Copyright Infringement Claim to Proceed

Recovering damages for copyright infringement may be difficult in situations where the infringing party is "dummy" or "shell" corporation with no assets that can be used to satisfy a judgment. Sometimes, however, there may be a parent corporation or other entity that may be held liable...

Ballard Spahr LLP Alert: Florida Supreme Court Rules State Vicarious Liability Law Preempted

By the Ballard Spahr Consumer Financial Services Group The Florida Supreme Court has ruled in Vargas v. Enterprise Leasing Company that the State law imposing vicarious liability on short-term car lessors is preempted by the federal Graves Amendment. The Graves Amendment is a provision of the Safe...

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, addressed under...

New Appleman Insurance Bad Faith Litigation, Second Edition - § 3.06: Duties of Insurer-Selected Defense Counsel in Partial Coverage or Excess Exposure Cases, and § 3.07: Insurer Liability for Improper Defense

New Appleman Insurance Bad Faith Litigation, Second Edition is a one-volume law and practice guide that discusses the duties and obligations of insurers to their insureds, and the consequences of the insurer's breach of its duty of good faith and fair dealing. It discusses both first party and third...

SCOTUS Grants Cert in Supervisor Liability Case

Breaking news from the Supreme Court (sorry, no health care opinion today): The Supreme Court has granted certiorari in Vance v. Ball State University . You can read the order here in case you think I'm lying. The Petitioner's Brief (available here) identifies the Question Presented as: In...

Keller & Heckman LLP: Western Sugar v. ADM: Member Liability for Association Action

Trade associations allow members to create a collective voice, advocating or promoting policies that benefit their industry. Associations and members must be careful because, under certain circumstances, individual members may be held liable for statements made with this collective, association voice...

William A. Ruskin: Trademark Licensors As 'Apparent Manufacturers' In Product Liability Cases

By William A. Ruskin Although by no means a "hell hole" jurisdiction, it is difficult for a peripheral asbestos defendant to obtain summary judgment in Bridgeport Superior Court in Connecticut. Once summary judgment is denied, many asbestos defendants with questionable liability will often...

Virginia Law Firm Wins Dismissal of Negligent Hiring and Retention Claim

Earlier this month, Judge Hilton of the Eastern District of Virginia tossed claims against Tysons Law Group, Vienna Law Group, and affiliated attorneys for "vicarious liability" and "negligent hiring, retention and supervision." Virginia does not recognize an independent cause of...

Use of Workers’ Comp Doctrines Within Tort Arena: Borrowed Legal Doctrines Don’t Really Fit

Attention Lexis Online Subscribers: Citations below link to lexis.com. Bracketed citations link to Lexis Advance . During a conversation years ago with my mentor and friend, Arthur Larson, I asked him if there were special challenges in teaching workers’ compensation law. Arthur allowed that...

Democrats Seek to Undo 2013 Supreme Court Ruling Defining Workplace "Supervisor"

Has the Supreme Court's 5-4 decision in Vance v. Ball State [ an enhanced version of this opinion is available to lexis.com subscribers ] been keeping you up at night? *** logs IP numbers; obtains restraining orders *** Well, ok. I can see why some of you are sour on the 2013 Supreme Court...

California Workers' Comp Case Roundup (5/4/2014)

CALIFORNIA COMPENSATION CASES Vol. 79 No. 4 April 2014 A Report of En Banc and Significant Panel Decisions of the WCAB and Selected Court Opinions of Related Interest, With a Digest of WCAB Decisions Denied Judicial Review CONTENTS OF THIS ISSUE © Copyright 2014 LexisNexis. All rights...