News & Publications

West Virginia Updates December 15, 2016

Case Bulletin – West Virginia Supreme Court Rules Upon Intentional or Criminal Act Exclusions and Severability Clauses

On November 17, 2016, the West Virginia Supreme Court of Appeals (the “Court”), issued its opinion in American National Property and Casualty Co. v. Clendenen, et al., 2016 WL 6833123 (W. Va. 2016). This case involves very tragic facts where two minor females, Shelia Eddy and Rachel Shoaf, conspired and carried out the murder of […]

Pennsylvania Updates December 15, 2016

Case Bulletin – Equitable tolling not available to Plaintiff for “inexcusable neglect” in failing to properly file with PHRC

In Sule v. Robert J. Echenberg M.D., et al, the Pennsylvania Superior Court ruled that equitable tolling was not available to the plaintiff for “inexcusable neglect” in failing to timely file a claim under the Pennsylvania Human Relations Act.  The Plaintiff, Melissa Sule, was a medical receptionist who alleges that she was diagnosed with a […]

Pennsylvania Updates November 30, 2016

Case Bulletin – PA Superior Court Affirms Ruling Precluding Plaintiff’s Expert Witness and Entry of Non-Suit

In an opinion announced on November 8, 2016, in the matter of Nobles v. Staples, Inc. et al., No. 2939 EDA 2015, the Pennsylvania Superior Court held that a pre-trial motion in limine can put a party on notice for an “eleventh hour” grant of summary judgment prior to trial.   In Nobles, the plaintiff […]

Zimmer Kunz News November 11, 2016

PCA Pharmacy Fall Symposium

On November 10, 2016, Zimmer Kunz Shareholders, John Zotter and Matt Breneman attended the PCA Pharmacy Fall Symposium in Pittsburgh to present an update on the current status of nursing home litigation to professionals from multiple long term care, skilled nursing, and personal care facilities.    

West Virginia Updates October 31, 2016

Case Summary – West Virginia Supreme Court of Appeals Affirms Workers’ Compensation Board of Review’s Ruling – Insurance Commissioner has Discretionary Authority to Not Allocate Damages to Multiple Employers Under the West Virginia Workers’ Compensation Statute

On September 19, 2016, the West Virginia Supreme Court of Appeals (“the Court”), by a four to one (4-1) decision, affirmed an April 3, 2015 Order from the West Virginia Workers’ Compensation Board of Review, which affirmed an Administrative Law Judge’s ruling that Pioneer Pipe was the sole chargeable employer responsible for paying Stephen Swain’s […]

Zimmer Kunz News September 30, 2016

Jeffrey Ramaley to be Presenter at Upcoming Auto Insurance Law Seminar

On October 20, Jeffrey Ramaley will be hosting a seminar in Pittsburgh which updates attorneys in Western Pennsylvania on the latest cases and law in the field of auto insurance.  The seminar will also include a bad faith update.  Mr. Ramaley is a co-course planner for the event and will be speaking on the latest […]

Zimmer Kunz News September 30, 2016

John Zotter Elected to Academy of Trial Lawyers of Allegheny County

On September 29, 2016, Zimmer Kunz shareholder, John Zotter, was inducted into the Academy of Trial Lawyers of Allegheny County.  Admission into the Academy is by invitation only.  Active membership is limited to 250 Allegheny County lawyers who are actively engaged in civil trial practice.  The entire Academy membership is confidentially surveyed regarding the qualifications […]

Pennsylvania Updates September 30, 2016

Case Bulletin: Pennsylvania Superior Court Applies “Assault and Battery” Exclusion

On September 9, 2016, in the case of QBE Insurance Corporation (appellee) v. Jalil Walters and Rasheeda Carter, OK Café, Inc., and Donald Bowers, Sr. (appellants), No. 1797 MDA 2015 (Pa. Super. 2016), the Pennsylvania Superior Court (“the Court”) affirmed a trial court’s granting of summary judgment on behalf of an insurer under the exclusion […]

Zimmer Kunz News August 28, 2016

Ryan Zeli Addresses Ride-Share Liabilities At Recent Presentation

Shareholder Ryan A. Zeli recently presented  at the “Cutting Edge Litigation Topics” continuing education seminar for insurance professionals in Atlanta, Georgia on the subject of Ride-Share Liabilities. Insurance professionals throughout the country attended the seminar and received 6 hours of CE credits for attendance. Please feel free to contact Attorney Zeli with any questions on […]

Zimmer Kunz News July 21, 2016

Shareholder Matthew G. Breneman to Present at CLE

Shareholder Matthew G. Breneman will be presenting at a CLE entitled “How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out)”.  The CLE is being sponsored by NBI and will take place on August 31, 2016 from 9:00 AM to 4:30 PM at the Cambria Suites Downtown Pittsburgh at CONSOL […]

Zimmer Kunz Results July 15, 2016

ZK Result: Shareholder Jeffrey Ramaley Secures Defense Verdict For Client

(Beaver County, PA) On July 13, 2016 , Jeffrey Ramaley received a defense verdict following a two (2) day trial in Beaver County, Pennsylvania in a rear end motor vehicle accident where liability was admitted.   Although the impact was minor, the plaintiff had undergone back surgery eight (8) months before the accident and, four (4) […]

Pennsylvania Updates July 15, 2016

Case Bulletin – Federal District Court Determines that Allegations Did Not Properly Allege Claim Under the Americans with Disabilities Act

On April 7, 2016, the United States District Court for the Eastern District of Pennsylvania, in Hofacker v. Wells Fargo Bank National Association __ F.Supp.3d __, 2016 WL 1383715 (E.D. Pa., April 7, 2016) held that Plaintiff failed to allege that Defendant did not act in good faith in the interactive process pursuant to the […]

Zimmer Kunz Results July 11, 2016

ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Defense Win in the United States District Court for the Western District of Pennsylvania

(Pittsburgh, PA) (July, 2016).  Attorneys Aaron Weiss and Jeffrey Ramaley obtained dismissal of a federal court case on behalf of their clients due to the Plaintiffs’ failure to comply with discovery requirements. Plaintiffs alleged injuries as the result of an accident with a truck, owned and operated by the Defendants. Defendants served discovery on Plaintiffs on […]

Zimmer Kunz News July 5, 2016

ZK News – Zimmer Kunz Lawyers and Firm Garner 2016 Peer Review Honors

Zimmer Kunz is pleased to announce that four of its lawyers have been recognized by Best Lawyers in America®. The firm has been recognized in Best Law Firms in America®.  The four earning Best Lawyer honors are Dara DeCourcy, Edward Dixon, Joseph Selep and George Stewart.  George Stewart and Joseph Selep are recognized for Civil […]

West Virginia Updates July 1, 2016

Case Bulletin – Sanctions Not Imposed on Defendant Who Stipulated to Liability After Denying Liability in Discovery Responses

In a Memorandum Decision announced on June 17, 2016 in McGhee et al. v. Smith et al., No. 15-0765, the Supreme Court of Appeals of West Virginia declined to impose sanctions on a defendant who denied liability in response to a request for admission but later stipulated to liability before trial.  The court held that, […]

Industry News July 1, 2016

Case Bulletin – United States Supreme Court Holds that Warrantless Blood Draws Upon DUI Arrests are Unconstitutional

On June 23, 2016, the United States Supreme Court issued a 7-1 decision in the matter of Birchfield v. North Dakota, 579 U.S. ____ (2016), wherein the Court considered three separate challenges to “implied consent” laws, which require suspected DUI drivers to undergo a breath or blood test, without a warrant, or face prosecution for […]

Zimmer Kunz Results June 17, 2016

ZK Result: Attorneys Janine Smith, Dara DeCourcy, and Jeffrey Ramaley obtain a defense win in Federal Court

The United States District Court of the Western District of Pennsylvania granted the motion for summary judgment filed by Attorneys Janine Smith, Dara DeCourcy, and Jeffrey Ramaley in a case that involved a dispute over the amount of Underinsured Motorist (UIM) coverage available under a single-vehicle auto insurance policy. The Plaintiff sought UIM coverage following […]

Pennsylvania Updates June 16, 2016

Case Bulletin – Federal District Court Allows Motor Vehicle Accident Defendant to Introduce Plaintiff’s Drug and Alcohol use to Rebut Damages

The United States District Court for the Middle District of Pennsylvania recently held that a defendant in a motor vehicle accident case may introduce evidence of a plaintiff’s prior drug and alcohol use to rebut the plaintiff’s alleged damages. Fife v. Bailey, 2016 WL 1404202 (M.D. Pa. Apr. 11, 2016).  In Fife, the Plaintiff filed […]

Pennsylvania Updates June 9, 2016

Case Bulletin – Third Circuit Rules that Transportation of Fracking Water Does Not Exempt Employers’ from Paying Overtime Wages

In the case Mazzarella v. Fast Rig, LLC et al., the United States Court of Appeals for the Third Circuit recently affirmed the Middle District of Pennsylvania’s ruling that defendant trucking companies’ failure to pay overtime wages to their drivers constituted as a violation of the Fair Labor Standards Act (“FLSA”) and the Pennsylvania Minimum […]

Industry News June 9, 2016

Case Bulletin – Ohio Appellate Court Reverses Trial Court’s Ruling As To Experts’ Testimony Regarding Asbestos Exposure

On May 5, 2016, the Court of Appeals of Ohio for the Eighth Appellate District, County of Cuyahoga, in Barbara Watkins, Individually and as Executor of the Estate of Glenn F. Watkins, deceased v. Affinia Group, et al., __ N.E. 3d __, 2016 WL 2587123 (Ohio. Ct. App. May 5, 2016) reversed the decision of […]