During the week of March 15, 2021, the Pennsylvania House of Representatives passed several bills reforming and amending various aspects of criminal law and evidentiary rules. These bills include: HB 103 – This bill would create the offense of harassment of a law enforcement officer if a person intentionally causes or attempts to cause a […]
On January 15, 2021, U.S. District Judge William S. Stickman IV dismissed a Pennsylvania restaurant’s proposed class action seeking coverage from its insurance company for losses due to the coronavirus. The court found that establishments that were limited to carry-out service during the pandemic had not sustained the “direct, physical loss” that is necessary to trigger their […]
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 […]
ZK Result – Attorney Jeffrey Ramaley Obtains Summary Judgment in Insurance Coverage Dispute
(Somerset County, PA) (November 2020). Zimmer Kunz attorney, Jeffrey Ramaley, recently obtained Summary Judgment in favor of an auto insurance carrier arising out of a Declaratory Judgment Action regarding an insurance coverage dispute. In this case, the insurer issued a policy to an individual, naming him as both the policyholder and an excluded driver. The […]
ZK Result – Attorney Aaron Weiss Obtains Superior Court Affirmation of Judgment on the Pleadings
(Bedford, PA) (November 2020). In November of 2020, Zimmer Kunz attorney Aaron Weiss obtained Affirmation from the Pennsylvania Superior Court against Plaintiffs’ appeal of an award entering Judgment on the Pleadings on behalf of the Defendant for a motor vehicle accident where Plaintiffs had previously signed a release. In November of 2017, Plaintiffs signed a […]
ZK News – Dara DeCourcy Serves as Planner for Pennsylvania Bar Institute’s Webcast
Dara DeCourcy served as a course planner for the Pennsylvania Bar Institute’s webcast, “Virtual Advocacy in Pennsylvania’s Appellate Courts”. The webcast will air August 27 at 2:00 pm. The program features Supreme Court Justice Christine Donohue, Superior Court Judge Carolyn Nichols and Commonwealth Court Judge Michael Wojcik; they will describe the methods their courts use […]
For all Pennsylvania licensed alcohol establishments, the Pennsylvania Liquor Control Board (PLCB) has temporarily waived both the application fee and the 30-day waiting period typically required to extend a licensed premises outdoors. A few key notes for an establishment seeking to obtain an outdoor extension of premises include: The establishment must submit a plan for […]
(Armstrong County, PA) (April 2020). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley recently obtained Summary Judgment in favor of an auto insurance carrier arising out of a Declaratory Judgment Action regarding a coverage dispute for liability coverage for the daughter of the insured policy holder. In this case, the insured’s daughter was involved in […]
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 […]
Covid-19 Update -The Pennsylvania Supreme Court’s April 1, 2020 Order
On Wednesday, April 1, 2020, the Pennsylvania Supreme Court issued its Second Supplemental Order regarding the Judicial Emergency caused by Covid-19. Most significantly, all Pennsylvania courts are to remain closed to the public (except for essential services) through April 30, 2020. President Judges of each court of common pleas are authorized to extend this closure […]
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 […]
Attorney Aaron Weiss has been selected to speak at the upcoming annual Federal Bar Association’s Rising Young Professional Symposium on March 20-21, 2020 in Washington, DC. This symposium joins attorneys from across the country for two days of CLEs on a wide variety of topics related to federal practice. Aaron’s topic is titled “Alternative Service […]
Dan Cuddy participated in a panel discussion CLE program on the basics of practicing criminal law. The session was organized by Thomas Cocchi as part of his participation in the Bar Leadership Initiative Class with the ACBA Young Lawyers Division. The session covered the basics of criminal procedure for attendees at the Science Center’s “True […]
On Saturday, February 15, 2020, Hop Culture hosted its Juicy Brews Beer Festival in Pittsburgh, bringing together 43 breweries from across the country to share samples of their beer with the local community. Zimmer Kunz sponsored the pre-event brewers’ bottle share, allowing brewers the opportunity to meet and socialize the night before the event. Thank […]
(Western District, PA) (January 2020). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley recently obtained a Dismissal in favor of a California client for a lawsuit filed in Pennsylvania over an alleged breach of a contract for goods and services for a construction project in Stockton, California. After suit was initially filed in Washington County, […]
(Washington, PA) (February 2020). After a three day civil jury trial in the Court of Common Pleas of Washington County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict for Progressive Advanced Insurance Company in an Underinsured Motorist (UIM) case involving in a rear-end automobile accident. The Plaintiff alleged she had to undergo a […]
(Crawford County, PA) (December 2019). In December of 2019 Zimmer Kunz attorney Aaron Weiss successfully argued Preliminary Objections in favor of homeowners arising out of a contractor’s injury before President Judge Vardaro of Crawford County. Plaintiff’s complaint alleged that the homeowners hired an independent contractor to install a metal roof on their house. This contractor […]
(Westmoreland County, PA) (January 2020). Zimmer Kunz attorneys Dara DeCourcy, Aaron Weiss, and Jeffrey Ramaley recently obtained Summary Judgment in favor of an auto insurance carrier arising out of a coverage dispute for Underinsured Motorist (UIM) Coverage. The insured was involved in an automobile accident on November 8, 2014. Prior to that time he had […]
ZK News – Staff Collects Items for Light of Life Mission
Zimmer Kunz employees collected toiletries and winter wear for the Light of Life Mission in recognition of the Martin Luther King Day of Service. Light of Life provides housing, food and recovery programs for men, women and children.
Most automobile insurance policies include a provision that requires an insured who is seeking first party benefits to submit to an independent medical examination, (IME). In a recent opinion, the Pennsylvania Supreme Court has held that those medical examination policy provisions conflict with Section 1796(a) of Pennsylvania’s Motor Vehicle Financial Responsibility Law, (MVFRL), which includes […]
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