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Federal Court Finds Valid Claim Against Physician Pursuant to Unfair Trade Practices Act and Consumer Protection Law
In an opinion issued on April 18, 2012, District Judge Arthur J. Schwab of the United States District Court of the Western District of Pennsylvania ruled that a plaintiff’s claim under Pennsylvania’s Unfair Trade Practices Act and Consumer Protection Law (UTPCPL) was...
Superior Court Holds that Separate Award for Counsel Fees Beyond Award Found by Jury Not Authorized by MCARE Act
In a three-judge panel’s decision filed on February 6, 2012, the Superior Court of Pennsylvania, in Sayler v. Skutches, M.D., et al., 2012 WL 361400 (Pa.Super.2012), held that the Medical Care Availability and Reduction of Error (MCARE) Act did not statutorily...
Background
(1) Background: In the early 1990s, numerous lawsuits were commenced in Pennsylvania against silicone breast implant manufacturers, implanting physicians and hospitals alleging that silicone breast implants caused a host of injuries including systemic disease. The...
Lehigh County Court Holds Certificates of Merit Properly Struck when Expert Failed to Meet Requirements of MCARE Section 512
In an order issued January 31, 2012, Judge Carol K. McGinley of the Lehigh County Court of Common Pleas ruled that a judgment of non pros issued against the plaintiff in the case of Freed v. St. Luke’s Hospital, et al., was proper, thereby denying plaintiff’s...
Fair Share Act is the New Law in Pennsylvania on Joint and Several Liability
On June 28, 2011, Governor Corbett signed into law SB 1131, commonly referred to as the Fair Share Act. The Fair Share Act pertains to joint and several liability of defendants in civil litigation matters, and in short, allows parties bearing only partial...
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