News & Publications

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 […]

Pennsylvania Updates May 27, 2016

Pennsylvania Legislative Update – Pennsylvania is Amending Requirements for Use of Child Seats

The Pennsylvania legislature has passed Senate Bill 1152 amending requirements for the use of child seats.   Pennsylvania law under Title 75, Section 4581 already requires children under age 4 to be secured in a child seat, but does not specify the direction they must face. Bill 1152 amends this Section, requiring children to ride […]

Zimmer Kunz News May 25, 2016

ZK News – Shareholder Joseph Butcher Visits Capitol Hill To Address Needs of Federal Courts

On May 19, 2016, Zimmer Kunz PLLC Shareholder Joseph Butcher visited with lawmakers and their staff members as a participant in the Federal Bar Association’s Capitol Hill Day.  Mr. Butcher met with Senator Bob Casey, Senator Pat Toomey’s general counsel, and staff to Congressman Mike Doyle, Keith Rothfus and Tim Murphy to address issues with […]

Zimmer Kunz News May 25, 2016

ZK News – Attorney Matthew Breneman Presents During Damages CLE

Shareholder Matt Breneman was a presenter on April 29, 2016 at a CLE entitled: Damages in Person Injury Litigation.  Mr. Breneman spoke on the issue of documenting the extent of an injury.  His lecture focused on the nature of an injury, addressing pre-existing injuries, present and future medical expenses, and utilizing medical records to properly assess an […]

Pennsylvania Updates May 25, 2016

Case Bulletin – Commonwealth Court Interprets “Compensation” in Context of Uninsured Employers Guaranty Fund

In its May 9, 2016 opinion in Uninsured Employers Guaranty Fund v. Workers’ Compensation Appeal Board, No. 1849 C.D. 2014, the Commonwealth Court of Pennsylvania interpreted the word “compensation” in the context of the Uninsured Employers Guaranty Fund to include both medical benefits and wage loss benefits.  The Court’s ruling barred a workers’ compensation claimant […]

Pennsylvania Updates May 2, 2016

Case Bulletin – Pennsylvania Supreme Court Rules in Favor of Oil and Gas Company Pursuant to Estoppel by Deed

On March 29, 2016, the Pennsylvania Supreme Court issued its unanimous opinion in Shedden v. Anadarko E&P, 103 MAP 2014,  in favor Defendant Anadarko.  In that case, Plaintiffs sought to invalidate Anadarko’s lease to one half of the oil and gas underlying their property on the basis that Plaintiffs did not own title to that […]

Pennsylvania Updates April 26, 2016

Case Bulletin – Federal District Court Addresses Continuing Violation Doctrine

On March 11, 2016, the United States District Court for the Middle District of Pennsylvania granted the employer-defendant’s Rule 12(b)(6) Motion to Dismiss, providing further explanation of the continuing violation doctrine in employment discrimination claims.  In the case of Camplese v. Morgan Stanley Smith Barney, LLC, No. 15-784, 2016 WL 930728 (M.D. Pa. March 11, 2016), […]

Zimmer Kunz Results April 20, 2016

ZK Result: Attorneys Aaron Weiss and Jeffrey Ramaley Obtain Defense Win in Federal District Court

(Pittsburgh, PA) (April, 2016) The United States District Court for the Western District of Pennsylvania granted the motion to dismiss filed by Attorneys Aaron Weiss and Jeffrey Ramaley on behalf of a rental car company in a case where the Plaintiff alleged a number of injuries as the result of his handcuffing by the police […]

Pennsylvania Updates April 20, 2016

Case Bulletin – Pennsylvania Supreme Court to Provide Guidance on Impairment Ratings

On April 15, 2016, the Pennsylvania Supreme Court granted a Petition for Allowance of Appeal in the matter of Protz v. Workers’ Compensation Appeal Board (Derry Area School District)  to determine whether the Commonwealth Court, after finding that the provision of the Workers’ Compensation Act (the Act) pertaining to medical evaluations and impairment ratings was […]