Potential Impact of the Muldrow Decision on Employment Discrimination Lawsuits On April 17, 2024, the United States Supreme Court issued a sweeping unanimous decision in Muldrow v. City of...
For purposes of a tortious interference with a contractual relationship claim, does an at-will employee have a protectible interest in continued employment with which a third party can interfere? If so, can a supervisor who terminates an employee constitute a third party for purposes of this claim?...
The Pennsylvania Bureau of Workers’ Compensation has announced that for injuries sustained on or after January 1, 2024, the Statewide Average Weekly Wage – which is the maximum compensation rate - is $1,325.00. For purposes of calculating the update to payments for medical treatment rendered on...
On June 30, 2023, the Pennsylvania Superior Court issued a non-precedential decision overturning a trial court opinion in which the trial court sustained defendants’ preliminary objections and dismissed plaintiff’s claims against the defendants. The preliminary objections were based on the...
In its recent decision Groff v. DeJoy, the Supreme Court took the opportunity to clarify its holding in a decades-old opinion, Trans World Airlines, Inc. v. Hardison, 432 US 63 (1977), as well as the requirements under Title VII. The Hardison opinion dealt with an interpretation of then-recent...
On March 17, 2023, the Pennsylvania Commonwealth Court issued a precedential decision requiring Employers and their insurance carriers to reimburse Claimants for out-of-pocket medical marijuana expenses. Fegley v. Firestone Tire & Rubber (Workers’ Compensation Appeal Board) (Pa. Commw. Ct....
Recently, in Yoder v. McCarthy Construction, Inc., 2023 Pa. Super 13 (2023), the Superior Court found that the statutory employer defense had been preserved as a defense and proven at trial by Margolis Edelstein Partner, Glenn Ricketti. In Yoder, the plaintiff/appellee, Jason Yoder, obtained a...
Subrogating insurers face many difficulties when trying to recover for damage claims caused by a utility’s negligence, deficient service, or faulty equipment. Utility tariffs in Pennsylvania usually contain a limitation of liability clause that caps the utilities’ liability for damage to a...
Pennsylvania will be the latest state to allow driverless cars and trucks on the road, as the autonomous vehicle (AV) industry takes another step in its effort to prove commercial viability. Starting in July 2023, Pennsylvania will allow...
On December 6, 2022, the Pennsylvania Bureau of Workers' Compensation announced that based upon the Statewide Average Weekly Wage, as determined by the Department of Labor & Industry for the fiscal year ending June 30, 2022, the maximum compensation payable under the Workers' Compensation Act...
