Today’s cellphones double as rolodexes, cameras, tape recorders, video recorders, mini computers, libraries, diaries, televisions, newspapers, maps, books, and much more. So, can the police search your cellphone ― essentially your whole life ― without a warrant? The Pennsylvania Supreme Court recently said “no.” Monitoring Calls In Commonwealth v. Fulton, a homicide victim informed police…
A recent case decided by the Monroe County Court of Common Pleas serves as a reminder of the perils of posting on social media when you are suing someone for personal injuries. Posting on Instagram In Kelter v. Flanagan, a woman who claimed injuries in an automobile accident testified at a deposition (a proceeding in…
If you pay alimony and plan to retire in a few years, Pennsylvania’s Superior Court may have just blown a hole in your financial strategy ― unless you pick a date certain. In March, the court ruled that a husband would not be allowed to gradually decrease, and ultimately terminate, his alimony payments to his…
An interesting case recently decided by the Superior Court of Pennsylvania sheds light on how simple, mundane things we do while going about our daily lives might be construed as negligence in a personal injury lawsuit. In the case in point: A woman approached and talked to an elderly man on a ladder, which, the…
With March ushering in a final blast of winter weather, now is an excellent time to discuss the legal obligations of property owners to protect pedestrians from slipping and falling on snowy and icy sidewalks. Specifically, must property owners pre-treat sidewalks with deicing products prior to a forecasted snowstorm? And must they clear snow and…
In a decision that will impact every Pennsylvania employee who takes a shuttle bus from an employee parking lot to their work site, the Commonwealth Court recently ruled that a flight attendant who slipped and fell aboard an employee shuttle bus at Philadelphia International Airport was entitled to workers’ compensation benefits. Employee Shuttle Bus In…
What if you are injured in an auto accident and the culprit is not another driver, but rather a dangerous guardrail? Can PennDOT be held liable for your injuries? Pennsylvania’s Supreme Court recently said “yes.” A Spin Out Cagey v. Commonwealth involved a couple whose vehicle spun out and slammed into a guardrail in January…
What if you were injured, received workers’ compensation benefits for years, and your employer sought to end those benefits by re-arguing what was already decided in your initial case. Is that fair game? The Commonwealth Court of Pennsylvania recently said “no.” Two Bomb Threats Vasser-Watts v. Workers’ Compensation Appeal Board (Duquesne Light Company) involved a…
We all know that criminal defendants ― under the Sixth Amendment of the U.S. Constitution ― are entitled to a speedy trial. That right is codified in Pennsylvania’s Rules of Criminal Procedure, which provide that a defendant must be tried on criminal charges no later than 365 days after a criminal complaint is filed. So,…
Texting while driving caused an estimated minimum of 341,000 crashes in 2013, according to the National Safety Council. It goes without saying that drivers who willfully take their eyes off the road to send or read texts risk lawsuits ― and even criminal penalties ― when their conduct causes injuries or fatalities. But what about…
As Americans, we all know that the Fourth Amendment provides a probable cause standard to ensure our protection from unreasonable searches and seizures. But what happens when multiple police officers are working a case together? If one officer has probable cause or reasonable suspicion to arrest an individual and another doesn’t, is an arrest by…
Pennsylvania’s Workers Compensation Act allows a spouse to collect benefits (under certain conditions) when their partner dies in a work-related accident. But 33,749 marriages in the state ended in divorce or annulment in 2016, and, presumably, a significant number of those couples went through periods of separation before ultimately parting ways. Can a surviving spouse…