News & Publications

Industry News April 9, 2021

Pennsylvania Supreme Court Affirms that the PLCB Must Implement a Procedure for Direct Shipment of Special Orders

On March 25, 2021, the Pennsylvania Supreme Court affirmed the previous Opinion and Order of the Commonwealth Court, holding that the PLCB must implement a new procedure permitting the shipment of special orders directly to customers. MFW Wine Co., LLC v. Pa. Liquor Control Bd., 2021 Pa. Lexis 1275 (Pa. Mar. 25, 2021). Prior to […]

Industry News January 18, 2021

Case Bulletin – EEOC v. Route 22 Sports Bar, Inc. and Crazy Mexican Restaurant & Grill, LLC

The EEOC recently filed suit against two West Virginia Restaurants, Route 22 Sports Bar, Inc. and Crazy Mexican Resaurant & Grill, LLC.  The charging party, a female employee along with a class of female employees, alleged being subjected to a hostile work environment because of their sex. The Defendants also are alleged to have retaliated […]

Industry News May 1, 2020

EEOC Guidance Relating to COVID 19 Testing

On April 23, 2020, the EEOC put out new guidance pertaining to employers requiring COVID 19 testing/inquiries. The EEOC guidance attempts to clarify the legality of such testing under the ADA. According to the EEOC guidance, during a pandemic, ADA-covered employers may ask such employees if they are experiencing symptoms of the pandemic virus. For […]

Industry News March 6, 2020

Case Bulletin – Roverano v. John Crane, Pennsylvania Supreme Court

In Roverano v. John Crane, the Pennsylvania Supreme Court considered whether the Fair Share Act requires a factfinder to apportion liability on a percentage, as opposed to a per capita basis, in strict liability asbestos actions.  The Court also considered whether the Fair Share Act requires a factfinder to apportion liability to bankrupt entities that […]

Industry News October 31, 2019

Case Bulletin – Superior Court Permits Incomplete Deposition Testimony To Be Used Against Defendants

On October 28, 2019, Pennsylvania’s Superior Court issued a critical ruling in the Estate of Nicholas J. Kardos matter related to the admissibility of incomplete deposition testimony and an affidavit executed by an individual who died prior to completion of his deposition.  In its decision, the Kardos court held that the trial judge improperly excluded […]

Industry News October 25, 2019

Case Bulletin – Spouse Claiming Loss of Consortium Waives Attorney-Client Privilege for Communications with Divorce Attorney, Superior Court Rules

The recent Corey decision by the Pennsylvania Superior Court serves to underscore the importance of discovery designed to seek information regarding marital issues in a case where loss of consortium is claimed. The Superior Court ruled last month that a spouse who brought a survival action against her husband’s treating physician and hospital could not […]

Industry News September 25, 2019

ZK Update – DOL Publishes Updated Overtime Exemption Threshold for Salaried Employees

On Tuesday, September 24th, the Department of Labor (“DOL”) announced a final rule for its interpretation of the salaried employee exemptions from minimum wage and overtime pay requirements under the Fair Labor Standards Act. The rule, commonly known as the “EAP” exemption (Executive, Administrative, Professional), provides that employees are exempt from overtime requirements if they […]

Industry News October 16, 2018

Case Bulletin – Superior Court offers another Opinion Regarding the New Products Liability under Tincher

On Monday, August 20, 2018, the Superior Court authored its most recent opinion providing further insight into the application of the new products liability standard from Tincher v. Omega Flex, 104 A.3d 328, 399 (Pa. 2014). The Superior Court considered an appeal from the grant of a defendant’s summary judgment on the theory of defective […]

Industry News July 7, 2017

Case Bulletin – US Supreme Court Issues Ruling on Jurisdictional Limits

On June 19, 2017, the U.S. Supreme Court restricted the jurisdictional reach of state long-arm statutes when it struck down a decision by the California Supreme Court allowing out-of-state residents to join a class action lawsuit against Bristol-Meyer Squib filed in California.  Previously, the California high court ruled in favor of permitting approximately 600 non-Californians […]

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 […]

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 […]

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 […]

Industry News January 2, 2015

Slow on the ‘Quick Take’: Eminent Domain Powers Under Pennsylvania’s Business Corporation Law

Oil and gas companies may be tapping into stores of natural gas in Pennsylvania, but they face difficulties realizing profits due to the challenges in transporting the shale gas to refineries for consumer use. Pipeline capacity constraints have become a cause for regional disparity of prices of natural gas around the country as production outpaces […]