Recent Blog Posts in May 2009 |
| May 29, 2009 |
| Subrogation in Pennsylvania - A Complicated Issue |
| Posted By L. Anthony Bompiani, Esquire |
 |
In the context of personal
injury cases, subrogation generally involves the reimbursement rights
of a party who has made payment to, or on behalf of, individuals
injured in both automobile and non-automobile accident cases. Where the
injured individual obtains recovery for their injuries, they are often
legally obligated to reimburse parties who have provided medical
expenses or income benefits to the injured individual during the
pendency of the claim.
Recent changes in the law have expanded the subrogation rights of
parties providing benefits to injured claimants. Also, additional
obligations to reimburse parties from personal injury settlement
proceeds have been imposed even where the injured party has not
received any form of benefits during the pendency of the action. The
most significant change in this area involves the right of Domestic
Relations agencies to be reimbursed directly from an individual's
personal injury settlement proceeds where that individual has child
support arrearages owing.
For more information regarding subrogation contact Attorney L. Anthony Bompiani, at (724) 925-9600.
|
|
| Continue reading "Subrogation in Pennsylvania - A Complicated Issue" » |
|
Permalink  |
| |
| May 22, 2009 |
| Major Change in Child Custody Law Proposed in House Bill 463 |
| Posted By L. Anthony Bompiani, Esquire |
|
Representative Robert E. Belfanti, Jr. (D) of the 107th Legislative District of Pennsylvania (Montour County and part of Northumberland County), is the prime sponsor of House Bill 463. The bill, if passed could have a major impact on child custody cases in Pennsylvania as an amendment to Section 5303 of Title 23.
The new law would require that "An order for joint custody shall be
awarded by the court unless the court finds that joint custody is not
in the best interest of the child." Furthermore, the law would
establish a "rebuttable presumption that an award of joint custody is
in the best interest of the child." It also would require the court to
"state on record the reason for any award other than an award of joint
custody."
The way the law stands now, there is no such presumption. In fact, an
order for joint custody (50/50 physical custody) is rarely entered
without a fight.
How do you feel about PA HB 463? Leave your comments and thoughts. More importantly, you should contact your local representative to voice your opinions.
|
|
| Continue reading "Major Change in Child Custody Law Proposed in House Bill 463" » |
|
| Permalink |
| |
| May 15, 2009 |
| Gay and Straight Partners of State Employees to Cash in on Benefits |
| Posted By L. Anthony Bompiani, Esquire |
|
Starting
July 1, 2009, unmarried gay or straight partners of state workers will
qualify for medical, prescription-drug, dental and vision coverage.
The move, of course, stirred up political arguments and debates. Gay
and lesbian rights supporters believe it represents a solid step toward
fairness for everyone. Social conservatives feel that Governor Rendell
is imposing liberal, big-city values on the entire state without public
input.
To qualify as a domestic partner under the new law, state employees
must show proof of three factors from a list that includes joint
ownership of a home, joint title to a car, the same addresses on
driver's licenses or a shared bank account.
|
|
| Continue reading "Gay and Straight Partners of State Employees to Cash in on Benefits" » |
|
| Permalink |
| |
| May 14, 2009 |
| LAW DAY - Educating Fourth Graders at Stanwood Elementary |
| Posted By L. Anthony Bompiani, Esquire |
|
Wednesday,
I had the opportunity to celebrate law day by giving a presentation to
100 fourth graders about Abraham Lincoln. I talked about why President
Lincoln decided to grow a beard. This is a very interesting story that
most people do not know. Just before the election, an 11-year old girl
from Westfield, NY wrote a letter to Mr. Lincoln suggesting that he
grow a beard. Surprisingly, he responded to the letter, and then
stopped to see her in Westfield on his way to be sworn in as President.
Here is a picture of the memorial at the Westfield train station.
The little girl's name was Grace Bedell. Click here for some more information. What a great story.
|
|
| Continue reading "LAW DAY - Educating Fourth Graders at Stanwood Elementary" » |
|
| Permalink |
| |
| May 05, 2009 |
| Former PA Supreme Court Justice Ralph J. Cappy Passes Away at Age 65 |
| Posted By L. Anthony Bompiani, Esquire |
|
Judge
Ralph J. Cappy, the former Pennsylvania Supreme Court Justice, passed
away suddenly on Friday night. Justice Cappy was arguably the most
forceful leader of the Court for the past 20 years, but came under fire
during the 2005 pay raise.
Chief Justice Ronald D. Castille, who succeeded Cappy as the court’s leader, issued a press release regarding the loss.“Ralph
was well respected nationally by the chief justices of the United
States." Justice Castille said. "He served on the board of directors of
the Conferences of Chief Justices and the National Center for State
Courts. He was awarded the National Center’s prestigious Justice Harry
Carrico Award for outstanding leadership and innovative programs that
addressed court-related problems. He was the recipient of numerous
other awards both during his tenure and after his retirement from the
court.“We are deeply saddened by his untimely passing.”
Prior
to being elected to the high court in 1990, Justice Cappy had been an
Allegheny County Common Pleas judge since 1978. He became chief justice
of the Pennsylvania Supreme Court in 2003.
|
|
| Continue reading "Former PA Supreme Court Justice Ralph J. Cappy Passes Away at Age 65" » |
|
| Permalink |
| |