The West Virginia Supreme Court recently upheld the granting of summary judgment to Attorney Sharon Hall’s client in a legal malpractice action. The Court ruled that judicial error, not the Defendant attorney’s actions, caused the Plaintiff’s damages. Plaintiff had engaged the Defendant to represent her in a fraud action arising from a paternity dispute. When […]
ZK Results – Attorney Aaron Weiss Obtains Defense Win in Auto Accident Federal Jury Trial
(Western District, PA) (October 2022). After a three day federal civil jury trial in the United States District Court for the Western District of Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense result on behalf of the defendant insurance carrier in an Underinsured Motorist Case. Plaintiff (age 25) claimed she was injured after the […]
PA Update – New Mediation Rule in Allegheny County
This new local rule will be enforced next year. Possibly as early as the May 2023 trial term. Local Rule 212.7 Mandatory Mediation. (1) All parties shall participate in a formal mediation process no later than 45 days prior to commencement of the assigned trial term, as published in the Pittsburgh Legal Journal pursuant to […]
ZK News – Attorney Aaron Weiss Speaking on Brewery Law at Upcoming National Business Institute CLE
Attorney Aaron Weiss will be speaking about brewery law at the National Business Institute’s upcoming course, “Brewery and Distillery Law in Pennsylvania” on Tuesday, November 01, 2022. Aaron’s topic will be “Fermentation and Litigation” and will cover the areas of litigation that can impact alcohol clients. The course will be virtual and can be viewed […]
Judge Lindhardt of the Lycoming County Trial Court addressed circumstances under which a civil litigant may assert their Fifth Amendment rights against self-incrimination at a deposition in Sweet v. The City of Williamsport, No. 20-CV-00512 (C.P. Lyc. Co. June 27, 2022 Linhardt, J.). The case arose out of a fatal motor vehicle accident in which […]
ZK News – Congratulations to our Best Lawyers®
Zimmer Kunz is pleased to announce that 4 of our attorneys have been named 2023 U.S. News – Best Lawyers® For more than 40 years, Best Lawyers has been regarded—by both the profession and the public—as the most credible measure of legal integrity and distinction in the United States. As such, recognition by Best Lawyers […]
ZK News – Zimmer Kunz Sponsors Barrel & Flow and Pours its Collaboration Beer at Festival
This year Zimmer Kunz continued its sponsorship of Barrel & Flow, a craft beer festival to promote craft beer among diverse communities, specifically the African American community. As part of the event, ZK collaborated with Anthony “Sizzle” Perry and his team at Crafted Culture in Columbus, Ohio to brew a Helles Lager called “Who the Helles Zimmer Kunz?” […]
ZK News – Zimmer Kunz Joins Pittsburgh Legal Diversity & Inclusion Coalition
Zimmer Kunz is proud to be a new member of the Pittsburgh Legal Diversity & Inclusion Coalition. The mission of the Coalition is to promote regional economic growth by assisting employers in the Pittsburgh area to increase the hiring, retention and inclusion of legal professionals. The Coalition is committed to working collaboratively with its members […]
ZK News – Shareholder Dan Krauth Named Faculty Member for 48th Annual IADC Trial Academy
Shareholder Dan Krauth was honored to be named as a faculty member, and team captain, for the 48th Annual IADC Trial Academy, which concluded August 5th, 2022, at Stanford University. The seven day immersive workshop is one of the most prestigious trial academies in the world, and lawyer-students come from the U.S. and all over […]
The Commonwealth Court in a Memorandum Opinion Issued on May 25, 2022 by President Judge Jubelirer found Act 111 provisions granting employers credit for previously paid benefit weeks does not violate either due process or due course of law principles. In addition, the Court held that by reenacting the IRE process, Act 111 did not […]
On Friday, June 24, 2022 attorney Aaron Weiss spoke about brewery law at the American Homebrewers Association’s National Homebrew Convention, which was held here in Pittsburgh, PA. Aaron’s topic was titled “Brewery Law for Beginners” and provided an overview of the law to teach attendees about the legal issues they should consider and be prepared […]
Attorney Aaron Weiss will be speaking about brewery law at the upcoming National Homebrew Convention on Friday, June 24, 2022. Aaron’s topic is titled “Brewery Law for Beginners” and will provide an overview of the law to teach attendees about the legal issues they should consider and be prepared for when making the leap to […]
(Butler County, PA) (April 2022). Zimmer Kunz attorneys Joni Mangino, Aaron Weiss, and Zach Evans recently obtained the dismissal of a lawsuit filed against a dentist by two former patients. The lawsuit was initially commenced by a Writ of Summons and claimed injuries for medical malpractice. However, once the Complaint was filed it alleged only […]
ZK Results – Attorney Danielle Zietak Obtains Dismissal for Out-of-State Defendant
In a lawsuit filed in Brooke County, WV, it was alleged that Plaintiff suffered injuries to his person and property when Defendant John Doe, an employee of Defendant PennDOT, allegedly backed a vehicle into Plaintiff’s driveway and yard, which were located in West Virginia. Defendant, an agency of the Commonwealth of Pennsylvania, filed a Motion […]
On April 18, 2022, the West Virginia Circuit Court of Cabell County, West Virginia in Michael D. Ruble v. Rust-Oleum Corporation, Cabell County, West Virginia, Case No. 19-C-127, granted Defendant Matrix Chemical LLC’s (“Matrix”) Motion to Dismiss under West Virginia Rule of Civil Procedure 12(b)(6) based on collateral estoppel. The complaint alleged that Plaintiff, Michael […]
ZK Results – Attorney John W. Zotter Obtains Dental Malpractice Defense Verdict
Zimmer Kunz Shareholder, John W. Zotter, secured a defense verdict in the Court of Common Pleas of Washington County, Pennsylvania for a dentist who was alleged to have committed professional malpractice and failed to obtain the informed consent of his patient. The lawsuit arose out of an extended course of dental treatment that was planned […]
ZK Results – Attorney John W. Zotter Obtains Dismissal for Product Manufacturer
In a lawsuit filed in the Court of Common Pleas of Erie County, Pennsylvania, it was alleged that the 11-year-old Plaintiff was injured as she exited a five story, one hundred twenty-foot-long outdoor tube slide at a YMCA Camp and crashed into a hard-plastic mesh net at the end of the landing platform. The Minor-Plaintiff […]
The Pennsylvania Superior Court recently held in a non-precedential opinion that Household Exclusion provisions of motor vehicle insurance policies are enforceable in Pennsylvania, and that a Plaintiff who chose not to procure Under Insured Motorist (“UIM”) coverage for his own vehicle was not entitled to UIM coverage under his parent’s policy merely because he lived […]
ZK News – Congratulations to Tracy Pape
Congratulations to Tracy Pape on being elected president of the Pittsburgh Legal Administrators Association (PLAA). The PLAA is an organization of individuals holding various legal management positions in the legal industry. The purpose of the PLAA is to promote the exchange of information regarding the administration and management of legal organizations.
On March 21, 2022, the Supreme Court of Appeals of West Virginia issued an opinion in State ex rel. March-Westin Co. v. Gaujot, 2022 W. Va. LEXIS 201 (W. Va. 2022), holding, in part, that a statutorily immune party must still be considered for purposes of fault apportionment under West Virginia Code § 55-7-13d. In […]
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