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13 May 2015, 5:00 am by Daniel E. Cummins
(Saylor, C.J., Dissenting)(, the Pennsylvania Supreme Court addressed the right of an employer, and/or the employer's worker's compensation carrier, to pursue a subrogation claim directly against a third party tortfeasor when the injured employee has not filed a claim against the tortfeasor or assigned his or her right to do so to another.According to the Opinion, the injured employee was in the scope and course of his employment with Schnidier National slipped and fell in the… [read post]
13 May 2015, 4:37 am by SHG
The Supreme Court’s opinion, by C.J. [read post]
10 May 2015, 5:48 pm by WOLFGANG DEMINO
Once the plaintiff elects to sue either the employee in his individual capacity or the governmental unit, subsection (a) or (b) will “immediately and forever” bar him from subsequently electing to sue the other regarding the same subject matter. [read post]
20 Apr 2015, 9:26 am by emagraken
Kostryba (1982), 70 B.C.L.R. 397 at 399 (S.C.) where McEachern C.J. quoted his own words in Butler v. [read post]
13 Apr 2015, 12:56 pm by WOLFGANG DEMINO
LEGAL DOCTRINE DESIGNED BY CITIBANK ATTORNEYS FOR COLLECTION OF DEFAULTED CONSUMER DEBT YIELDS DIVIDENDS AS OTHER TEXAS COURTS OF APPEALS FOLLOW PRECEDENT SET BY DALLAS COURT OF APPEALS IN 2008    What to do when you don't win all of your cases, such as a contract case when you can't find the contract, or some of the essential terms went missing? [read post]
6 Mar 2015, 12:53 pm by MOTP
The Texas high court for civil matters concludes that the Texas law at issue (Section 74.451 of the Texas Civil Practice and Remedies Code), does not squarely fall within the scope of a state law enacted to regulate the business of insurance. [read post]
2 Mar 2015, 10:02 pm
Ct. 2566, 2607-08 (2012) (NFIB) (Roberts, C.J., Breyer, and Kagan, JJ.); id., at 2674 (Scalia, Kennedy, Thomas, and Alito, JJ., dissenting). [read post]
1 Feb 2015, 12:42 pm by Omar Ha-Redeye
Pepsi-Cola Canada Beverages (West) Ltd., 2002 SCC 8, [2002] 1 S.C.R. 156, cautioned that [j]udging the appropriate balance between employers and unions is a delicate and essentially political matter. [read post]
12 Jan 2015, 11:25 am
So yes, that seems like good advice: “Scroggs C.J. always excepted. [read post]
30 Dec 2014, 6:00 am by Daniel E. Cummins
  According to the AAJ, this means that, currently, there is no future medicals rule pending from Medicare and the prospect of having to do Medicare Set-Asides in third party liability matters is now dead. [read post]
16 Dec 2014, 6:31 pm by Daniel E. Cummins
  Having answered the certified question, we return the matter to the Third Circuit. [read post]
12 Nov 2014, 8:01 am by Schachtman
“As a general matter, lawyers and science don’t mix. [read post]
13 Oct 2014, 6:29 am
I thought I’d pass along an excerpt of an interesting case that was just posted on Westlaw, Matter of P.P. v. [read post]
6 Oct 2014, 7:06 pm
Justices in the majority: Kennedy, Ginsburg, Breyer, Sotomayor and Kagan; Justices dissenting: Roberts (C.J.), Scalia, Thomas and Alito. [read post]
2 Oct 2014, 9:16 pm
Those elaborations, even in mundane matters, inform and enrich the law. [read post]
27 Jul 2014, 9:03 am by Schachtman
  In litigating scientific issues, lawyers and judges will necessarily have to engage with substantive matters. [read post]