Publications

On June 28, 2011, Pennsylvania Governor Tom Corbett signed into law the Fair Share Act – a long-awaited legislative change in Pennsylvania that ensures that a defendant’s level of financial responsibility is assessed in a fair and equitable manner, rather than based on his or her financial assets. The Act’s passage follows nearly a decade of state-wide efforts to replace Pennsylvania’s system of joint and several liability, and marks an important change in the legal landscape for civil actions.

On May 11, 2011, Delaware Governor Jack Markell signed into law the Civil Union and Equality Act of 2011 (the Act), which becomes effective January 1, 2012. The Act sets forth requirements and procedures for same-sex couples to join in a civil union and affords parties to a civil union rights similar to those enjoyed by married couples. 

In Securitas Security Services USA, Inc. v. WCAB (Schuh),—A.3d—, 2011 WL 1226266 (Pa. Cmwlth. Apr. 4, 2011), the Commonwealth Court of Pennsylvania held that a Utilization Review Request, filed by an employer to challenge the reasonableness and necessity of medical treatment, does not establish that the treatment under review is accepted by an employer as related to the work injury.

On February 22, 2011, the Commonwealth Court of Pennsylvania issued a decision in Penn State University v. W.C.A.B. (Smith), No. 630 C.D. 2010, 2011 WL 590218 (Pa. Cmwlth. 2011), which will assist employers in defending against workers’ compensation claims by providing a defense that claimants were acting outside of the course and scope of their employment when an alleged injury occurred and, therefore, the injuries are not compensable.

Publicized events have focused attention on the benefits of an advance directive for health care regarding end-of-life medical decisions.