Speeding Ticket Laws

Beat A Speeding Ticket
One thing that no person wants to face is the prospect of receiving a speeding ticket. It's costly and if you're looking up at a police officer who has stopped you in traffic to write you a citation, it's embarrassing as well.

Today, with the advent of the photo radar ticket, you might not realize the damage your lead foot has done until days or possibly weeks later when you open your mail to find an image of your license plate on your vehicle that was speeding merrily along; if that's not enough you'll also find inside that envelope a hefty fine for breaking the law.

If you do happen to spot the flashing red and blue lights in your rearview mirror there are some important steps you can do at that moment that can help you to beat the speeding ticket and either pay a reduced fine or in some cases no fine at all. Anyone who has been pulled over for speeding knows how it's tempting to argue with the police officer. This isn't something that you want to do for a number of reasons.

There are however certain reactions that can help on the spot. It's an old belief that acting as though you don't know what you did wrong won't help. That might not be the case. The same can be said for acting scared or upset. Police officers are first and foremost people just like you and sometimes human nature takes over and they'll let you leave with just a stern warning. That's not to say that you should break into tears when the policeman comes to your car but showing some emotion certainly cannot hurt.

Depending on the size of the citation it might be in your best interest to consult with a traffic ticket specialist. These are normally attorneys who specialize in traffic violations or retired police officers who just want to help the average citizen. Their familiarity and expertise in the area of speeding and traffic affords them insight into some of the lesser known loopholes.

Another alternative to hiring someone to fight the speeding ticket fight for you is to do it yourself. Instead of paying the fine you attend court on the date specified on the original citation the officer presented to you. Your plea is of course going to be "not guilty." Again there are many small things the motorist can do in court to better their chances of not paying such a high fine.

When facing a speeding ticket it's important for the motorist to remember that the fine most likely isn't going to be the only price they pay for going above the posted speed limit. Speeding tickets often mean an increase in insurance premiums. In some cases, depending on the violation the fine can be hefty. Being clocked going well over the speed limit could cost in the hundreds of dollars when the ticket and the increase in insurance premiums are combined. Weighing all the options could result in lots of money saved.

Brandon C. Hall maintains <a href="http://www.freeinfoblog.com">Free Info Blog</a> which contains many articles and resources to <a href="http://www.freeinfoblog.com/category/speeding-tickets/">beat speeding tickets</a> as well as many other topics.

No Win No Fee Solicitors
It is a sad reality that people meet accidents. The physical toll of an accident-related injury can vary from slight inconvenience to, at the very worst, debilitating injuries that could affect not only a person?s ability to earn money but also his quality of life. The stress that results from the accompanying problems that crop up after an accident can also have a major negative effect on the victim. For every kind of accident, the party or parties responsible for the commission of the accident should face up to their liabilities.

But the sad fact is, most people who meet accidents do not usually pursue any legal actions against the guilty party or parties, for the simple reason that legal fees can be very expensive. Already faced with the expenses for medical care and medicines and sometimes even rehabilitation, and the ability to earn a living already compromised, most accident victims just grin and bear it and opt not to file any charges or legal complaints. This is a reality that most accident victims have to contend with.

But accidents victims should always remember that they have the legal right to compensation for the injuries they have suffered from accidents, especially if there is a clear fault of negligence from certain individuals or entities. But far from the compensation that they will get for the injuries and lost revenue that they have suffered there is also a more important reason for filing legal charges for accidents. It is their responsibility as a citizen to have these incidents reported and, if possible, prosecuted so that the accident will not happen to other people. These parties who have caused the accident or have, through their negligence, precipitated certain factors to cause it should be made culpable for their actions.

Fortunately, there is one way for victims to file the necessary legal charges for the injuries that they received from accidents without necessarily worrying about the costs. In some cases you can use a system where you only need to pay the legal fees if you win the case. This is called a conditional-fee agreement, or a ?no win, no fee? agreement.

A ?no win, no fee? agreement can help pay solicitor costs, unless the case involves family dispute or a matter of a criminal nature. Under this agreement, the victim?s solicitor will take on the case but he understands that if the case loses then he will not get paid. It should be made clear though that there are other costs involved that are not covered by the agreement. For example, even with a lost case, the complainant will still pay the opponent?s legal costs and the disbursements of the complainant and the defendant. But an insurance can be taken to cover the aforementioned payment if ever the case is lost. This can be arranged by the solicitor. If the complainant wins the case, he will pay the solicitor along with his disbursements. A solicitor may also charge a ?success fee? as a means of compensating the solicitor for taking the risk of not being paid if the case is lost.

Truly, with a ?no win, no fee? agreement, the dispensation of justice for the victims of accidents does not have to stop because of limited funds.

Mark is the webmaster for <a href="http://www.accidentclaim.uk.com">Accident claim</a> a legal information site. This article is free to republish provided this bio box remains with working hyperlinks

Beat Your First Speeding Ticket
It seems almost inevitable that if you've been on the roads for anytime, that you'll find yourself with a speeding ticket. It's never pleasant to be pulled over by a police officer and to have to hand over your driver's license and insurance so that he can write you up a ticket that's not only going to cost you some money but a piece of your pride as well.

Regardless of how we choose to look at it, speeding is breaking the law. For some drivers it's a law that they break over and over again. However there are a large percentage of people that go years without a speeding ticket. For that group there is something they can be doing when they are stopped for speeding for the first time.

Each and every time a police officer pulls a motorist over for speeding the person's identification is checked in the computer. There are numerous reasons this is done, but the reason that speeding motorist needs to be concerned with is how many tickets they have gotten for exceeding the posted limit in the past. This can be a crucial factor in whether the police officer writes you a ticket or just gives you a warning.

Depending on how fast you were going if this is your first infraction, the police officer might be inclined to just give you a warning. Often, that warning can have enough impact on the motorist that they will heed the advice and not speed again. No one wants to take the money that they worked hard to earn and have to hand it over because of a mistake. Many policemen and women realize this and that's why if you've been driving for years and have never been ticketed, explaining the merits of driving within the limit is the only punishment they will feel that you need.

Another factor that weighs heavily in the officer's decision on whether to write up the ticket is your demeanor and attitude. If you don't take the situation seriously, the officer may feel inclined to go ahead with the citation because he or she doesn't feel as though you've learned your lesson. Feeling that pinch in your pocketbook when you write the check to pay for the fine or hand over the cash to a clerk has much more impact on someone who doesn't understand the seriousness of speeding. Therefore it's important for you to show the officer respect, keep your composure and not admit to the speeding. In this case, the police officer sees that you're not finding it funny to be stopped, that you realize that you have broken the law and that you understand the impact that it has on both your driving record and your insurance premiums.

If you are pulled over for the first time, remain calm and listen carefully to the police officer. If he or she does decide to give you a warning, pay close attention to what they are saying. They are never obligated to give a warning as opposed to a ticket for first time offenders, but if you handle the situation correctly, you might save yourself a few dollars while at the same time take that warning to heart.

For more articles and resources to <a href="http://www.freeinfoblog.com/category/speeding-tickets/">beat speeding tickets</a> visit FreeInfoBlog.Com. If you want to beat your speeding ticket <a href="http://findprofit.noticket.hop.clickbank.net">click here</a> for an eBook.

Investigate Anyone Online Instantly
Until recently, getting info about a person's past or criminal history was very difficult. In many cases you would need a Licensed Private Investigator, which could be very costly. This is not the case anymore. Anthem, AZ, July 03, 2006 --(PR.COM)-- It's now possible for everyday citizens to obtain information about almost anything or anyone right from their own computer. The Freedom of Information Act, and massive internet databases have made investigating people, finding people or finding out almost anything you can think of, possible. Sly Detective (top1k.biz/slydetective) with its over 10,000 databases and resources, is used by private detectives all over the globe, and is now available to private citizens. One family from Florida was planning on moving to a particular new neighborhood, but was able to find out that a Sex Offender was living right next door. This is information may have turned out to be extremely helpful. Another man says he was able to locate an old military buddy from Vietnam in about an hour. Just a few of the Many services available are: Sex Offender Registry - Does A sex offender live in your neighborhood? Find A Person Resources - Looking for your high school sweetheart? Background Check - Investigate someone's past or Criminal Records. Credit Report Resources, Driving & Vehicle Resources, Court Records, Reverse License Plate Lookup, How to Obtain Your Credit Report, Unclaimed Money Databases, How to Obtain Your FBI File, How to Find Someone's Email Address, How to Obtain Public Records. These are just to name a few. The information that is available to all of us today is unbelievable and can be, well... a little scary, but it can also be incredibly useful and helpful under many circumstances.

For <a href="http://www.top1k.net/slydetective.html"> Backround Checks</a>. Or to <a href="http://www.top1k.net/slydetective.html"> Investigate Anyone</a> Online Instantly.

Sarbanes Oxley Compliance - Will Tighter Controls Work?
Sarbanes Oxley act had been levied for tighter controls and stricter regulations for company?s internal controls. According to the Sarbanes Oxley compliance companies with market capitalization of more than $75 million need to file their financial reports by the June 15th. This date was alter amended up to 15th November. All other companies need to files their financial return for any fiscal year by 15th July.

Sarbanes Oxley compliance with section 302 requires any CEO or CFO to certify the accuracy of annual or quarterly financial reports for the company. Any inaccurate or falsified facts are subject to penalty under law. This section also makes a CEO or CFO to establish and maintain internal controls. It also makes them eligible to evaluate these controls and measure their effectiveness. As per Sarbanes Oxley compliance, a CEO or a CFO is eligible to report any deficiency in the design and operations of internal controls. They can report any fraud and rectify any errors in the system of internal controls.

Sarbanes Oxley compliance with section 404 requires the company?s annual report to carry a report on internal controls of the company. This report on internal controls as per the Sarbanes Oxley compliance should state the role of management in maintaining and establishing total internal controls in the financial system of the company.

In case of IT companies, they are also required to be in Sarbanes Oxley compliance while filing their financial reports for any fiscal year. An IT person with business perspective can spearhead the compliance effort of any IT project. IN case of IT companies the internal controls need to be broken up in to two categories of general controls and applications controls. As per the Sarbanes Oxley compliance for an IT company it is required to evaluate the systems processes that end up effecting key controls over financial reporting.

A good idea to implement Sarbanes Oxley compliance is to begin with simple and normal Sarbanes Oxley compliance controls. Then one should work backwards to determine the systems and processes that need to be documented in the financial report.

In case of companies where the work is outsourced the Sarbanes Oxley compliance needs to be documented in differently. This is because the total work is done by an external agency. This is also especially important because any external agency would never give any document or certificate like SAS70 Type II or similar report. In such a case the company is required to document the whole process that has been outsourced as if the whole process has been done internally and state all the internal controls and regulation applied on that process which has been outsourced.

In some cases it is suggested that as per Sarbanes Oxley compliance that the IT department is required to hold the keys to maintaining logs, usernames and passwords for the financial controls. This is not mandatory for all companies. Usually an IT department is required to create the roles and finance department directs as to who would hold the keys to those roles specified. But some times it is risky to implement such a practice. This is because if the IT department reviews the logs and holds the key to manage them it might be possible that some important records would be deleted. Thus in such a case the Sarbanes Oxley compliance states that the usernames and passwords etc should be with the IT department and finance department should have the last word on the same.

Earl Powers, US Lawyer and <a href="http://www.sarbanes-oxely.info">Sarbannes</a> expert - focusing on <a href="http://www.sarbanes-oxley-hq.com">SOA</a> and <a href="http://www.sarbanes-oakley.info">Sarbanes Oxley Software</a>

Attorneys Online
Advertising is a relatively recent development in the legal profession, and not all law firms engage in it today. Nonetheless, it is advisable for every law firm to take note of the important resource the internet has become to consumers seeking products and services. Computers are a household standard, and the internet provides information on every profession, in formats from simple 'yellow page' listings to proprietary web pages with audio and video presentations. Even among lawyers and firms that chose not to advertise, the importance of the internet as a consumer resource should not be overlooked.

There is a large assortment of online listing vehicles for attorneys. A lawyer seeking to be included in commercial online attorney listings could pay to have his or her name inserted in such sites as findlaw.com, lawinfo.com, lawyers.com, or the many 'yellow pages' services now online. There are at least four national listing services for personal injury attorneys, and others for family law, criminal law and so forth. Association membership is a vehicle for specialty listings: the Consumer Attorneys Association, the National Association of Consumer Bankruptcy Attorneys, The Council of Parent Attorneys, etc.

Then there are the localized ecommerce service listings for regions that are just as aggressive in seeking exposure on the search engines. In short, an attorney could make a significant investment in listing services alone. However, a simple listing is a hit-and-miss proposition: there is nothing in a mere listing that invites interest from the shopper. A personalized web site for an attorney or a law firm is the highest and best use of the internet.

A law firm with its own hosted website can accomplish a number of things. Most people who are conducting a random search for an attorney are probably somewhat frightened, not certain of the law regarding their problem, and concerned about cost. Moreover, there exists today a widespread skepticism about attorneys, especially among the uninitiated. A hosted website can ease some of those uncertainties, and thus invite contact from the potential client.

The website can describe the firm's areas of legal focus. It can act as an educational tool, explaining the basics of selected areas of law and suggesting some initial steps for the potential client. Eventually the client will end up in a lawyer's office somewhere, so providing some initial online education will give the law firm a benign and positive first impression.

A hosted website can provide and email template for an initial inquiry or invite a telephone call, 'no strings attached'. The website can suggest a few online sources that provide detailed explanations of various legal specialties. Finally, the law firm's web site can address the issue of payment and explain any options that might be available in that area.

As with other forms of media, defense and personal injury attorneys are the most likely to be found using the web as an advertising service. Most law firms with other sorts of specialties that use hosted websites tend to be a little more subtle, stressing the firm's longevity or stability, its successes and perhaps providing biographies of the firm's principal members.

A hosted web site can be an effective introductory tool for an attorney or a law firm. It can provide an initial level of comfort with the firm before any personal inquiries need be made. It can establish the firm's credentials in its chosen areas of legal specialization and it can make the process of initial contact a comfortable one by explaining how and when fee structures are applied.

Connecting a potential client with a hosted web site can, in part, be a function of the site through the use of keyword optimization. But it is probably more practical to assume that the initial reference will come from some other, more common source such as a former client or the local bar association. At that point, the hosted attorney's website becomes an effective outreach tool, minimizing the intimidating effect of a simple telephone number and a downtown address.

Madison Lockwood is a customer relations associate, specializing in small business development, for Apollo Hosting. Apollo Hosting provides <a href="http://www.apollohosting.com">website hosting</a>, ecommerce hosting, vps hosting, and web design services to a wide range of customers.

Attorneys
Attorneys are people who have gone to law school and who practice the law. They must pass a big exam called the bar exam. This is what makes a student a certified attorney. Sometimes students can have a hard time determining what kind of law they want to practice because there are so many different types.

First, you need to consider all areas of the law. Once you have narrowed your choices down to a three you should start seeking as much information on those choices that you can possibly fund. You will also want to determine what type of firm you want to practice. Maybe you want to do corporate law where you have the opportunity to make partnerships or maybe you want to head out on your own.

There are so many areas of the law that some lawyers specialize in a couple areas, while some focus on just one area of the law. Practicing attorneys that do a generalization of many areas of the law are called general practitioners.

They don't focus on all the areas, but they choose many areas in which to have great knowledge of. Specialists focus on one area. You may have criminal attorneys, tax attorneys, women's rights attorneys, and so on. A general practitioner can handle most legal issues that are common.

If you are involved in a complex case or case that is worth a lot of money or a serious matter you will want a specialist. In some cases, people will have multiple attorneys so that they can make sure that their case is being handed to the firm's full capability and so on.

When it comes to the lawyers, you will mostly see what special training they have gotten. Attorneys are just the name for anyone who can represent you in a court of law. They too have to pas a bar and are state certified. Any lawyer can be an attorney. The only thing is that some lawyers do not litigate.

They try to get deals or bargains so that everyone is put in a win-win (or lose-lose) situation. Their track record is usually very good considering that they must convince the other lawyer to give in, while the attorneys have the option to convince a group of peers. It is so much easier to convince one person out of twelve to join your side of the issue than it is to convince one important person.

When it comes to being a lawyer, many decide rather they want to go with a firm or practice within a private office. Firms are large groups of attorneys or lawyers that work together. If your case is extremely important to you; like if you can't afford to lose, you will want to go with a law firm. The old saying two heads is better one fits perfectly into this situation. Many people will attack your case at different angles and a firm just combines those angles to give the client a better change of winning and getting a better deal in the end.

For more info visit: http://www.seek-attorney.com/

The author is a webmaster how delivers info on different kinds of products. To find the best Attorney for you, the author provides a detailed website with info and resources on Attorneys.

10 Critical Tips On Negotiating A Better Rate With Your Attorney
In life perhaps the most difficult task is that of dealing with the payment or fees due to a lawyer. Today for many aspects of existence a lawyer becomes essential and sadly a large number of disagreements between lawyers and clients arise over fees. It is important that you discuss with your lawyer at the very beginning that you would appreciate receiving a detailed bill that includes: date of service; time spent; amount charged; expenses incurred; advances received; the total amount due on the case; and the period of time covered by the bill. If you and the lawyer reach an understanding that is clear right from day 1 then your relationship will proceed well and not sour. Fees to be paid to a lawyer can include: contingency fee; a flat fee; statutory fee; and the hourly fee. While you could try and negotiate a flat fee for a service, most lawyers prefer to charge by the hour and the rate could be as much as USD 125- USD 200 an hour. Therefore if you speak with the lawyer on the phone on everything other than matters on hand you will be paying dearly for every minute. To get the best out of the situation you need to: 1. Find out what the “going� rates are not just in the firm but in the market. Check with associations as well as on the internet. If you get facts down accurately you will be able to discuss billing with the lawyer intelligently. 2. In case you need a lawyer to handle more than one legal case or work then talk about a blended rate which will be neither too high or low, a midpoint between the firms highest and lowest rate. 3. Find out if fees will be reduced if you undertake to do some of the work on the case yourself. Most law offices are busy and gladly offer lower rates if a client will do some of the running around and research or locating witnesses themselves. 4. Ask if the lawyer and his firm have in place any discount policy. Many firms offer discounts on billing between 10-15% for immediate settlement of bills, advance payments or for sustained assignments. Unless you ask such information will not be disclosed. 5. Many lawyers will bill less if you prepare drafts of documents and a file with all relevant papers yourself. This saves the lawyer and his staff a lot of time. So ask about the possibility of lower billing if you undertake to do a lot of the work yourself. 6. For representation at court request to be billed at a flat rate and not on an hourly basis. This way you will not be paying hourly for the number of hours a lawyer is forced to “hang around� court because of umpteen reasons. 7. Since lawyers generally bill for time taken to travel on your work negotiate a discounted billing rate for travel time, many lawyers agree to bill at 50% or less. 8. Determine how much you can afford in terms of legal fees. Cases can drag on and you may go bankrupt trying to fight a case which does not deserve so much attention. Be frank with the lawyer and ask him to advise you on whether the case is worth fighting and what the chances are of winning. Indicate how much you can really afford. 9. For some cases, lawyers agree to work for a percentage of what the “court awards as damages.� If your case is strong then a lawyer would be more than willing to work for contingency fees. 10. Find out if the lawyer would agree to a lower hourly rate if you give a higher retainer fee. This way you will save money as billing on an hourly basis can run into high amounts especially if you are nor organized and waste a considerable amount of the lawyer’s time. Be clear from day one as far as fees are concerned. Ask about charges, negotiate well and put down what you agree upon in writing. Both you and the lawyer must sign the contract.

Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defence, attorney power, legal services, prosecuting all crimes and much more. He also freelances for submit free Legal press release site http://www.1888pressrelease.com/Legal-0-23.html

Need To Hire A Lawyer, Understand The Fee Options First.
Personally as well as for business dealings one needs a lawyer. And, a lawyer must always be selected with great care. And the first thing to do is agree on fees. There are no recommended fee schedules but if a survey is made in your local area you will realize that there is a flexible fee schedule in place. Fees vary depending on the practice and the intricacies of the case on hand. Law means long hours of research and study as well as a lot of time spent filing papers and appearing in court. In general there are four ways in which lawyers compute fees: • By the hour: in this arrangement a lawyer will bill by the hour for time spent on your case by himself, his assistance, as well as office staff. The computing will include: drafting of documents, faxes, phone calls, locating and briefing witnesses, time spent at court and meetings, research, leg work, filing fees, deposition costs, expert witness fees, travel expenses, sheriff’s fees, bail bondsmen costs, transcript fees and so on. • Contingent Fees: Normally applied in personal injury, social security, and collection cases. Not applicable in criminal or divorce cases. In this the lawyer will get between 25-40% of the recovered or settled amount. In this too the client is billed for “out of pocket� expenses, which includes long-distance calls, filing fees, and depositions. • Flat fees: In this a consolidated amount is decided on between the client and lawyer. The flat fee includes all costs and there are no out of pocket expenses. • Percentage fee: This is applied in the management of estates and buying or selling of homes. The fee for completing all legal functions will be a percentage of the total value of the property or estate to be settled. • Monthly retainer: This applies when a lawyer or his firm contract to carry out all legal work required by a corporation, business, or individual. When the expected billing is continuous and quite substantial such an arrangement is made. In this case, a whole bouquet of legal services are carried out for a fixed monthly payment. It is important to discuss the cost of legal services in detail during the initial interview itself. Ask for an estimate and prepare a memo of understanding. Decide on: • Retainer fees. • Billing cycles and itemization of bill. • Conditions under which the fees will be revised. If all matters are clear then there should be no disputes at all over fees. Ask the lawyer to explain the different fee options in detail and recommend which one would be most suitable in your case. Make sure you understand what the cost of legal fees will entail. And agree on a suitable payment schedule preferably as and when a part of the work is completed.

Aaron Brooks is a freelance writer for http://www.1866attorney.com , the premier website to find Attorney Directory including topics on civil right, litigation, defense, attorney power, legal services, prosecuting all crimes and much more. He also freelances for the premier REVENUE SHARING discussion forum for Legal Advice Site http://www.1888discuss.com/legal-advice/

A Summary Of Recent Pennsylvania Appellate Decisions
PENNSYLVANIA STATE COURT DECISIONS

It seems as though the Pennsylvania Supreme Court ends every calendar year by issuing numerous Opinions, with the volume increasing any year in which a Justice is leaving the bench. With Justice Nigro?s unceremonious removal from the bench at the behest of voters irate because the legislature decided to award a large pay raise to itself and the judiciary, 2005 was no exception. Consequently, the decisions reviewed in this issue are grouped by Court rather than by topic.

1. SUPREME COURT OF PENNSYLVANIA

1.1. AUTOMOBILE INSURANCE

â—º Uninsured & Underinsured Motorist Claims

♦ Insurance Federation of Pennsylvania, Inc. v. Commonwealth, Department of Insurance No. 2007 MAP 2003 (December 30, 2005)

Holding: The Insurance Department overstepped its legislative mandate and does not have the authority to require mandatory binding arbitration in uninsured and underinsured motorist disputes. Consequently, insurance carriers may require that UM and UIM claims be resolved in the courts or, presumably, by other means specified under the insurance contract. Justice Saylor filed a dissenting opinion, joined by Justice Castille.

This decision will likely portend the demise of arbitration as the preferred method for deciding uninsured and underinsured motorist claims. It seems ironic, however, that carriers would seek to avoid arbitration when insurers, credit card companies, and businesses of all types, are including arbitration clauses in their agreements. Of course, these anti-consumer provisions generally preclude appeals, limit punitive damages, and otherwise restrict the nature of allowable claims. It is safe to assume that auto insurers will likely propose similar provisions for approval by the Insurance Department. With this Supreme Court Opinion, the question arises whether the Insurance Department can prohibit such provisions. Time will tell.

♦ State Farm Mutual Automobile Insurance Co. v. Foster No. 2007 MAP 2003 (December 30, 2005)

Holding: An insurer may deny uninsured motorist benefits to an insured claimant who fails to report the accident to the police or other governmental authority as required by the policy and the Motor Vehicle Financial Responsibility Law, 75 Pa.C.S. ?? 1701-1799.7. Justice Saylor filed a concurring opinion, concluding that regardless of the language of the MVFRL, a carrier may include a police notification provision in the terms of an auto insurance policy. Justice Baer filed a dissenting opinion, joined by Justice Castille, in which he characterized the provision at issue as a ?technical escape hatch by which to deny coverage in the absence of prejudice.? Justice Nigro did not participate in the decision of the case.

1.2. CIVIL PROCEDURE

â—º Service of Process

♦ McCreesh v. City of Philadelphia No. 31 EAP 2005 (December 28, 2005)

Holding: After an action has been commenced, a plaintiff must provide notice of the action to the defendant in order for the purpose of the statute of limitation to be fulfilled. A complaint should, therefore, only be dismissed in those cases in which the plaintiff has demonstrated an intent to stall the judicial machinery or when plaintiff?s failure to comply with the Rules of Civil Procedure has prejudiced the defendant. Justice Newman filed a dissenting opinion. Justice Eakin also filed a dissenting opinion, joined by Justice Nigro.

The Supreme Court has yet again revisited its decision in Lamp v. Heyman, 366 A.2d 882 (Pa. 1976). In McCreesh, the Court now holds that a plaintiff need not strictly comply with the Rules by repeatedly reissuing a writ of summons; instead, the Court looks to the good faith efforts of a plaintiff to effectuate service, including considering whether a defendant has actual notice of the litigation and is not prejudiced by the lack of strict compliance with the Rules of Civil Procedure. The facts here ? in which plaintiff attempted to serve the writ by certified mail in clear violation of the Rules ? are certain to generate further litigation. The true food for thought ? and further litigation ? appears in Justice Eakin?s dissent, in which he states:

The ?majority has developed a new rule holding a trial court may only dismiss a case where there is ineffective service in two distinct situations: (1) where the plaintiff?s actions evidence an intent to stall the judicial machinery, or (2) where the plaintiff?s failure to comply with the Rules of Civil Procedure has actually prejudiced the defendant. . . .The majority goes so far as to suggest that without prejudice, actual notice itself, much less proper service, may be unnecessary.?

1.3. WORKERS? COMPENSATION

â—ºImpairment Rating Evaluations (IREs)

♦ Gardner v. Workers? Compensation Appeal Board No. 14 EAP 2004 (December 28, 2005)

Holding: An employer/workers? compensation carrier must request that a workers? compensation claimant submit to an Impairment Rating Evaluation within sixty (60) days from the date that the claimant receives, or comes into possession of 104 weeks of total disability benefits in order to obtain the automatic relief under 77 P.S. ? 511.2(2). If an employer fails to request an IRE within this time period, it may still request an IRE at a later date pursuant to 77 P.S. ? 511.2(6), but must utilize the traditional administrative process in order to modify a claimant?s disability status. Justice Nigro filed a concurring opinion, and Justice Newman filed a dissenting opinion.

Workers? compensation practitioners who had been awaiting the decision in Gardner now know that an employer/insurer can request an IRE up to two times within any twelve-month period. The only limitation on an employer?s right to an IRE is that the employer cannot avail itself of the automatic relief under the Act if the exam is not requested within 60 days of the employee?s receipt of 104 weeks of benefits. In reality, this means that a workers? compensation carrier is now able to reduce virtually every claimant to partial disability status at any time after the claimant has received two years of benefits. Although a claimant can try to defend against a modification petition based upon an IRE, the fact that literally no claimant can meet the statute?s requirement that he or she have a 50 percent impairment means that any defenses will, at best, delay the inevitable.

â—ºPhysical Versus Mental Injuries

♦ Panyko v. Workers? Compensation Appeal Board No. 37 WAP 2004 (December 28, 2005)

Holding: A claimant who suffers a purely physical injury, such as a heart attack, because of a psychic reaction to a working condition, is not required to establish that the working condition was abnormal. Thus, claimants allegedly suffering from physical injuries are not required to show that their injuries are the result of abnormal working conditions. Rather, they need only show that (1) they are suffering from an objectively verifiable physical injury, and (2) the injury arose in the course of employment and was related thereto. Justice Saylor filed a concurring opinion, and Justice Newman filed a dissenting opinion.

â—ºSupersedeas Fund Reimbursement

♦ Comm., Dept. of Labor & Industry v. Workers? Compensation Appeal Board (Exel Logistics) No. 37 WAP 2004 (December 28, 2005)

Holding: An employer is not entitled to Supersedeas Fund reimbursement for compensation and medical bills paid while a Petition for Forfeiture is pending because the petition for forfeiture was pursuant to ? 306(f.1)(8), and not ? 413 or ? 430 of the Act. Justice Newman filed a dissenting opinion, in which Justices Castille and Baer joined.

1.4. NEW RULES OF CIVIL PROCEDURE

â—ºDisclosure of Legal Malpractice Insurance Coverage

♦ Rule of Professional Conduct 1.4(c)

Effective July 1, 2006, lawyers in private practice are required to notify their clients if they do not have professional liability insurance of at least $100,000 per occurrence and $300,000 in the aggregate per year, subject to commercially reasonable deductibles. The Rule also specifies the language of the required disclosures, and mandates that attorneys maintain a record of the disclosures for six years after termination of the representation of a client.

â—ºConsumer Credit Transactions

♦ New Rules of Civil Procedure 1326 to 1331

Effective February 1, 2006, the Court has promulgated Rules of Civil Procedure governing proceedings to compel arbitration and to confirm an arbitration award in a claim arising from a consumer credit transaction.

2. SUPERIOR COURT OF PENNSYLVANIA

2.1. â—ºDefamation ? Conditional Privilege

♦ Moore v. Cobb-Nettleton
2005 PA Super 426 (December 21, 2005) Holding: A social worker, who makes professional disclosures required by Pennsylvania law, is entitled to a conditional privilege in a defamation lawsuit.

2.2. â—ºLearned Intermediary Doctrine

♦ Lineberger v. Wyeth
2005 Westlaw 3547682 (Pa. Super., December 21, 2005) Holding: In a pharmaceutical failure to warn case, the plaintiff must establish both a duty to warn and a failure to warn. The plaintiff must also show that, had the defendant issued a proper warning to the physician (the learned intermediary), the learned intermediary would have altered his or her behavior, i.e., would not have prescribed the drug, and the injury would have been avoided.

This is an unpublished opinion, although counsel for Wyeth has stated that he will request that the Court publish the opinion.

3. COMMONWEALTH COURT OF PENNSYLVANIA

3.1. â—ºWorkers? Compensation ? Hepatitis C
♦ City of Philadelphia v. Workers? Compensation Appeal Board (Sites) No. 1410 C.D. 2005 (December 21, 2005)

Holding: Hepatitis C may be deemed an occupational disease even if the condition was not specifically identified as an occupational disease until after the claimant?s diagnosis.

3.2. â—ºWorkers? Compensation ? Suspension/Bad Faith

♦ Virgo v. Workers? Compensation Appeal Board (County of Lehigh-Cedarbrook) No. 1167 C.D. 2005 (December 22, 2005)

Holding: An employer is entitled to a suspension of benefits when an employee is discharged from employment because of ?bad faith? in carrying out her job responsibilities. This is a classic example of bad facts making bad law (at least for workers? compensation claimants). One of the most common questions raised by injured workers is what happens if they return to work at light duty and are then fired because of allegedly unsatisfactory job performance. This case answers the questions, holding that workers? compensation benefits may be suspended under those circumstances. Of course, in this case, the employee did not have a ?clean? record, and it was easy for the Court to uphold the suspension. What happens, however, when the unsatisfactory performance occurs only after the employee is at light duty and, as employees frequently claim, their firing is a pretext because the employer only wants them to work at full duty? Time will tell.

SUPERIOR COURT OF NEW JERSEY, APPELLATE DIVISION OPINION

â—º Doe v. XYC Corp.
No. A-2909-04T2 (December 27, 2005)

Holding: An employer on notice that one of its employees is using a workplace computer to access pornography, possibly child pornography, has a duty to investigate the employee?s activities and to take prompt and effective action to stop the unauthorized activity, lest it result in harm to innocent third parties. No privacy interest of the employee stands in the way of the duty on the part of the employer.

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Daniel J. Siegel is an attorney in Havertown, Pennsylvania. Dan has authored the newsletter, "A Summary of Recent Appellate Decisions," since 1988. For more information about Dan Siegel, go to <a href="http://www.danieljsiegel.com">Law Offices of Daniel J. Siegel, LLC</a>.