News & Publications

West Virginia Updates February 2, 2016

Case Bulletin – West Virginia Supreme Court of Appeals Reiterates that Plaintiffs are not Entitled to Double Recovery

On Tuesday, January 26, 2016, the Supreme Court of West Virginia issued a new ruling that “[w]hen an insurer makes an advance payment to a tort-claimant upon condition that the advance payment will be credited against a future judgment or determination of damages, the damages recovered by the claimant on a subsequent judgment shall be […]

West Virginia Updates January 14, 2016

Case Bulletin – West Virginia Supreme Court Reverses Jury Verdict in Silica Claims Coverage Law Suit for Late Notice

At the end of 2015, the Supreme Court of Appeals of West Virginia reversed a jury verdict for $8,000,000, concluding that the Morgan County Circuit Court erred by not finding that the late notice provided by U.S. Silica precluded coverage of silica claims under three Travelers’ policies.  Applying West Virginia law, the Court cited that […]

Pennsylvania Updates December 29, 2015

Allegheny County Judge Strikes Down City of Pittsburgh Ordinances Requiring Paid Sick Days for Pittsburgh Employers and Training Requirements for Large Building Owners

Allegheny County Judge Joseph M. James recently struck down two City of Pittsburgh Ordinances that impacted businesses located within the City of Pittsburgh:  the “Paid Sick Days Act,” which was passed by City Council on August 3rd, 2015 and Signed by the Mayor on August 13, 2015, and the “Safe and Security Building Act,” which was […]

Zimmer Kunz Results December 22, 2015

ZK Result: Attorney Chris Yoskosky Obtains Dismissal of Client on a Motion for Summary Judgment in High Profile Case That Later Results in $32,000,000 Verdict Against Remaining Defendants

Pittsburgh, PA (December 2015)   This lawsuit arose from a tragic motor vehicle accident in Allegheny County, Pennsylvania in which a car occupied by a family of 4 was rear-ended by a truck owned by the original defendant masonry company and operated by its driver, who was also sued individually.     The accident resulted in […]

Zimmer Kunz News December 16, 2015

Zimmer Kunz Attorneys Elected To Federal Bar Association Western Pennsylvania Chapter’s Steering Committee

Zimmer Kunz is pleased to announce that attorneys Joseph F. Butcher and Aaron H. Weiss were elected to serve on the Federal Bar Association Western District of Pennsylvania Chapter’s Steering Committee for 2016.  Mr. Butcher was re-elected to serve as the chapter’s First Vice President, which he has been for the past year.  He was […]

Pennsylvania Updates December 10, 2015

Pennsylvania Case Bulletin – The Pennsylvania Superior Court declines to allow Plaintiffs to Amend their Complaint to include a Count of Negligent Entrustment after learning that the named Defendant was not operating the vehicle at the time of the incident

On November 23, 2015, the Superior Court in Rivera v. Manzi, 2015 WL 7453998 (Pa. Super. 2015),  held that the Plaintiffs could not amend their complaint so as to include an entirely new cause of action against the Defendant after the Statute of Limitations had elapsed.   On October 14, 2012, the Plaintiffs, Luz and […]

Pennsylvania Updates November 25, 2015

Case Bulletin – Pennsylvania Commonwealth Court Vacates $250,000 Verdict Based on the “Jerk and Jolt” Doctrine

On October 28, 2015, the Commonwealth Court of Pennsylvania vacated a $250,000 jury verdict, instead ruling in favor of the Southeastern Pennsylvania Transportation Authority (“SEPTA”), Philadelphia’s public transportation system. Green v. Southeastern Pennsylvania Transp. Auth., No. 65 CD 2015 (Pa. Commw. 2015), slip op. at 1. On Saturday, February 2, 2013 at approximately 8:00 am, […]

West Virginia Updates November 3, 2015

Case Bulletin – West Virginia Supreme Court Rules That Tenant Is Not An Equitable Insured

The West Virginia Supreme Court recently decided a case concerning whether a tenant is considered an equitable insured under a policy issued to the owner/landlord.  In Farmers & Mechanics Mut. Ins. Co. v. Allen, the insurer for the owner/landlord brought a subrogation claim against the estate of a tenant who had died in a fire […]

Pennsylvania Updates October 2, 2015

Case Bulletin – Pennsylvania Superior Court Refuses to Sever Terms of Oil and Gas Lease

The Pennsylvania Superior Court recently ruled in the case Seneca Res. V. S&T Bank, 2015 PA Super. 181 (Aug. 31, 2015) that oil and gas lease terms are not severable when a lessee pays separate consideration for operated and unoperated areas.  In Seneca, the landowners sought a declaration to invalidate certain portions of a 1962 […]

Attorney Sharon Hall Helps The PA Fish and Boat Commission Reach a $2.5M Settlement over Dunkard Creek Fish Kill

HARRISBURG, Pa. (Sept. 14) – The Pennsylvania Fish and Boat Commission (PFBC) today confirmed that it has reached a $2.5 million settlement with Murray Energy for civil damages resulting from a devastating 2009 pollution incident in which discharges from a coal mine entered Dunkard Creek, contributing to a massive fish kill spanning nearly 30 miles […]

Zimmer Kunz News August 25, 2015

The Best Lawyers in America© Announcement

Zimmer Kunz, PLLC is pleased to announce that Dara DeCourcy and George Stewart have been selected to the 2016 publication of The Best Lawyers in America©.  Best Lawyers® is based on a peer-review methodology designed to capture the consensus opinions of leading lawyers about the professional abilities of their colleagues within the same geographical area […]

Zimmer Kunz News June 24, 2015

Pennsylvania Super Lawyers and Rising Stars

Zimmer Kunz is pleased to announce that Dara DeCourcy, Joseph Selep and George Stewart have again been selected as Pennsylvania Super Lawyers© and Joseph Butcher, Greg Scheuring and Christian Wrabley have again been recognized as Pennsylvania Rising Stars.  For Mr. Stewart and Mr. Selep, this is the seventh year in a row that they have […]

West Virginia Updates June 21, 2015

West Virginia Update: If you do not intend to indemnify for another’s negligence, say exactly that in the contract.

In Elk Run Coal Company, Inc. v. Canopius US Insurance, Inc., filed June 9, 2015, the West Virginia Supreme Court of Appeals ruled that very broad indemnity language sufficed to require a contracting trucker to indemnify Elk Run Coal Company for injuries to the trucker’s employee caused entirely by Elk Run’s negligence. The contract’s indemnity agreement […]

West Virginia Updates June 24, 2015

West Virginia: If you do not intend to indemnify for another’s negligence, say exactly that in the contract.

In Elk Run Coal Company, Inc. v. Canopius US Insurance, Inc., filed June 9, 2015, the West Virginia Supreme Court of Appeals ruled that very broad indemnity language sufficed to require a contracting trucker to indemnify Elk Run Coal Company for injuries to the trucker’s employee caused entirely by Elk Run’s negligence. The contract’s indemnity […]

West Virginia Updates June 14, 2015

West Virginia State Law Profile Updated By Zimmer Kunz Shareholders Stewart and DeCourcy

Shareholders George Stewart and Dara DeCourcy just completed overhauling our profile of West Virginia transportation-related tort law.   The updated profile addresses West Virginia’s 2015 tort reform legislation and current case law. You can download a copy of the profile using the link, WV State Law Profile.

Industry News June 14, 2015

Case Bulletin – US Supreme Court Rules That Employer’s Knowledge of Religious Practice Is Not Required For Violation of Title VII

In Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc. (June 1, 2015), the Supreme Court held that Title VII of the Civil Rights Act of 1964 prohibits an employer from making an employment decision based on an applicant’s religious practice, whether the employer has actual knowledge of the religious practice or not. Samantha […]

Pennsylvania Updates June 14, 2015

Case Bulletin – Pennsylvania Supreme Court declines to apply umbrella insurance policy’s employee exclusion to non-employer additional insureds

On May 26, 2015, the Pennsylvania Supreme Court in Mutual Benefit Ins. Co. v. Politsopoulous held that the employee liability exclusion section of a commercial liability insurance policy did not apply to non-employer additional insureds.  Specifically, the Court found the specific language of the policy to be dispositive in that it referred to “the insured” when […]

West Virginia Updates May 28, 2015

Case Bulletin – West Virginia Supreme Court of Appeals Holds that the Criminal Behavior of a Plaintiff is Not a Bar to Recovery But a Consideration for the Jury on Comparative Fault

In Tug Valley Pharmacy v. All Plaintiffs (May 13, 2015), Plaintiff-patients of the Mountain Medical Center, most of whom were being treated as a result of workplace injuries or auto accident injuries, were prescribed controlled substances by Mountain’s physicians and ultimately alleged that they became addicted, criminally abused their prescriptions, and engaged in criminal activity related to […]

Pennsylvania Updates May 18, 2015

Case Bulletin – Beaver County Court Upholds Township’s Approval of Compressor Station

Earlier this year, Judge John D. McBride from the Court of Common Pleas in Beaver County issued his opinion in the case Kretschmann Farm, LLC, et al. v. Township of New Sewickley, et al., No. 11393 of 2014, Court of Common Pleas of Beaver County. That decision affirmed the township’s Board of Supervisor’s conditional use […]

Zimmer Kunz News April 30, 2015

Jeffrey Ramaley to Serve As Moderator on Auto Insurance Law

On October 22, 2015, Attorney Jeffrey Ramaley, Zimmer Kunz member, will serve as the moderator for the Continuing Legal Education seminar:  The Auto Insurance Law Update.  The seminar will take place in Pittsburgh.