Archive for the 'Civil Litigation' Category

Sovereign Immunity - Limited Rights to Sue the Government

Wednesday, October 29th, 2008

Sovereign Immunity is the legal defense available to government entities which makes it unlawful to sue them.  The concept of Sovereign Immunity originated long ago and is associated with the idea that “the King can do no wrong.”
Currently, in Pennsylvania, both state agencies (the Commonwealth, state police, state universities, SEPTA, etc.) and local agencies (townships, […]

Legal Immunity for Individuals

Thursday, October 9th, 2008

Under Pennsylvania law, there are many circumstances in which, although someone is injured, a lawsuit against the responsible party is not permitted due to a statute granting Immunity.  Immunity is designed to encourage helpful acts by removing the threat of potential legal liability.  The following are some of the common Immunity statutes in Pennsylvania.
Medical Good […]

Legal Claims from Accidental Deaths

Tuesday, September 9th, 2008

One of the most challenging problems for the American legal system to deal with is how to handle civil claims arising out of the death of a person.  Valuing a human life is an impossible task, yet our legal system is required to deal with that very issue.
When someone is killed as a result of […]

Alternative Dispute Resolution - The Trial Venue of the New Millenium

Friday, August 8th, 2008

Busy court dockets can result in years passing before cases can get to trial.  Legal fees and expenses for a trial can total tens of thousands of dollars.  Trial requires intense involvement of the parties at great emotional cost, as well as prolonged periods of time away from work and family.  Trials are risky, with […]

Dennis Rodman’s Contribution to Personal Injury Tax Law — Confidentiality Leads to Taxability

Thursday, July 3rd, 2008

Outside the legal community, Dennis Rodman is well known for his ferocious defense and rebounding skill during his long career in the NBA, as well as his tattoos, piercings and wild off-the-court partying lifestyle.  In the legal community, Mr. Rodman is well known for causing an incident that led to a landmark tax law case, […]

Does the IRS Profit From My Pain? Taxability of Personal Injury Awards and Settlements

Tuesday, July 1st, 2008

At the end of a Personal Injury case, I frequently hear a common question — Do I have to pay taxes on the money I am receiving?  Thankfully, the answer is usually no.  Personal Injury recoveries are one of the few exchanges of money in the United States that do not result in a tax […]

The McDonald’s Coffee Case Revisited

Thursday, June 26th, 2008

One of my pet peeves as a trial lawyer is the misconception that people still have, many years later, about the infamous McDonald’s Coffee case.  Based on what I believe was slanted coverage by the media in favor of Big Business and against trial lawyers, the case became the poster child for the “tort reform” […]

Compensatory Damages in Personal Injury Cases - Making Up For What Was Lost

Friday, April 25th, 2008

 
Sadly, no one has invented a time machine that can turn back the clock and erase the consequences resulting from bad decisions or irresponsible behavior.  That being the case, when bad things happen due to the careless, reckless or intentional acts of others, injured people can turn to the civil legal system for compensation to […]

Your Fault, Not Mine - The Comparative Negligence Defense

Thursday, February 21st, 2008

The primary defense in a Personal Injury negligence case, like a car accident or slip and fall case, is that the injured person contributed to causing the accident.  In Pennsylvania, this is called Comparative Negligence.  The defense, if proven in court, can reduce the compensation owed to a victim of an accident, or completely eliminate […]

Negligence - When Does an Accident Lead to Legal Liability?

Thursday, February 21st, 2008

Sometimes accidents just happen - car crashes, slips and falls, bad outcomes from medical treatment and other mishaps.  Not all accidents create legal liability. How do you know when someone is legally responsible for an accident?  A legal concept called “Negligence” determines when an accident can result in a legitmate lawsuit.
There are four elements which […]