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Attorney-Expert Witness Contact Permitted During Break in Trial
The Pennsylvania Superior Court reversed a criminal contempt order issued by a Philadelphia Court of Common Pleas trial judge and ruled that an attorney is permitted to speak with his expert witness during a break from direct examination. Yoskowitz v. Yazdanfar,...
Employer Can Request That Employee Undergo Medical Examination
The issue of when and under what circumstances an employer can request that an employee undergo a medical examination under the Americans with Disabilities Act was recently decided in the case of Ward v. Merck & Co., 17 Am. Disabilities Cas (BNA) (E.D....
Treating Physician’s Opinion Admissible in Workers’ Compensation Hearings
The U.S. District Court for the Eastern District of Pennsylvania ruled that an Administrative Law Judge misapplied the "treating physician rule" when he concluded that a doctor's objectivity was undermined because he was an advocate for the claimant in his workers'...
Subcontractor Prohibited From Filing Mechanics’ Lien
The Superior Court of Pennsylvania dismissed a subcontractor's mechanics' lien for failure to issue the requisite notice under Pennsylvania law. Wentzel-Applewood Joint Ventures v. 801 Market Street Associates, 878 A. 2d 889 (Pa. Super. 2005). As a result of...
Non-Owned, Regularly-Used Car Exclusion Allowed in Insurance Contracts
The Pennsylvania Supreme Court has ruled that automobile insurance carriers are permitted to maintain a clause in their policies that states that the carrier has no obligation to insure a policy-holder who is driving a car that he does not own, but uses on a regular...
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