Cliff Rieders Esquire Extended CV

CLIFFORD A. RIEDERS, ESQUIRE
CURRICULUM VITAE

Revised: November 30, 2020

Home Address:

1600 North Campbell Street
Williamsport, PA 17701

Office Address:

Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters
161 West Third Street
Williamsport, PA 17701
Phone: (570) 376-8801
Fax: (570) 567-1025
crieders@riederstravis.com
www.riederstravis.com

Birthdate/Place:

June 27, 1948; New York, N.Y.

Married:

Kimberly Ann Paulhamus

Children:

Sasha Beth Rieders Coffiner
Kaila Pauline Rieders Kimchi
Joshua Herbert Rieders

Citizenship:

United States

Education:

Great Neck North Senior High School – 1966
New York University (B.A., cum laude, 1970)
Georgetown University (J.D., 1973)

Certification:

Certified Civil Trial Advocate by the National Board of Trial Advocacy; Recertified 2010 through 2015
Dual board certified in Civil Pretrial Practice and Civil Trial Advocacy by the National Board of Trial Advocacy, April 9, 2012
National Board of Trial Advocacy, extension of board certification, July 2017

Admitted:

1974 – New York Court of Appeals
1975 – Supreme Court of Pennsylvania
1975 – District of Columbia Court of Appeals
1975, June 24 – United States District Court, Middle District of Pennsylvania
1977, December 6 – United States Court of Appeals, Third Circuit
1979 – United States Supreme Court
1980, December 1 – United States Court of Appeals, Second Circuit
1983, December 23 – United States Court of Claims
1986, August 14 – United States Court of Appeals for the Federal Circuit
1994 – United States District Court, Southern District of New York
2001 – United States District Court, Northern District of New York
2006, January 25 – United States District Court, Eastern District of New York
2014, January 9 – United States District Court, Western District of New York
2019, October 2 – United States District Court, Eastern District of PA
2019, December 27 – United States Court of Appeals, Fourth Circuit

Practice Areas:

Medical Malpractice Law; General Negligence Trial and Appeals; Federal Practice; Products Liability; Federal and State Constitutional Law; Class Action; Serious Automobile and Truck Accidents; Civil Rights and Employment; Commercial Litigation on behalf of a Community Bank.

Academic Honors:

New York University Academic Scholarship
New York State Region Scholarship
New York University Coat of Arms Society, political science organization based upon cumulative average and major
Phi Beta Kappa
National Board of Trial Advocacy, Board Certification in Civil Trial Advocacy, May 4, 2000; Recertification 2010

Professional:

America’s Top 100 – Nomination as one of America’s Top 100 Attorneys, June 2017
American Academy of Attorneys – Top 100 – 2020
American Bar Association – member
American Bar Foundation – Fellow
American Board of Vocational Experts – Certificate of Appreciation for participating as a Speaker at the ABVE 2004 Annual Conference.
American Civil Liberties Union – Thomas Paine Award for Citizen Journalism, 12/16/07.
American Judicature Society – member

American Law Institute

Consultative Groups:
Restatement Torts Products Liability 3rd
Apportionment of Liability
General Torts
Economic Torts
Torts: Physical Harm
Infliction of Emotional Distress
Liability: Physical Harm
Restatement of the Law – Restitution and Unjust Enrichment
Teaching Certificate for participation on the faculty of Christian Legal Soc. Chapter of University of California Hastings College of Law v. Martinez, July 28, 2010
Advisor on Litigation to the ALI-ABA Board of Directors Program Committee, 2011-2013

American Society of Legal Advocates

Selected as one of the Top 100 Litigation lawyers in the State of Pennsylvania for 2017

American Trial Lawyers Association

2005 – One of five delegates from the Pennsylvania Trial Lawyers Association elected to the national board of the American Trial Lawyers Association.
AIEG Group Leader, Mazda litigation
American Law Institute, Ad Hoc Committee
ATLA Stalwart Award (25-year member)
Served on ATLA Federal Rules Committee, 1992

Best Attorneys of America

Invitation to Charter Membership, which is membership held by 100 attorneys in each state. October 28, 2015.

Best Law Firms of America

Membership invitation as one of the most qualified and accomplished law firms. September 30, 2016.

Best Lawyers in America

Featured in 25th Anniversary Edition, 2019.

Citizens for Consumer Justice:

Pennsylvania statewide consumer umbrella organization
First President, 1998 to June 26, 2000

Civil Justice Foundation

Founding Sponsor, 1985
Invitation to join Board March 1, 2004

Distinguished Justice Advocates

Invitation to Charter Membership, which is membership held by less than 1% of practicing attorneys in the USA. May 10, 2016. July 5, 2016. February 12, 2016. October 15, 2016. September 1, 2017, February 1, 2019.

District of Columbia Bar Association

Member

Federal Bar Association:

National Council serving for the Association Year 1995-96 in recognition of outstanding commitment to the Association and the federal legal profession

Past President, Central PA Chapter, 1995-96.

Originator, Pro Bono Program. At the behest of the Federal Judges of the Middle District of Pennsylvania, I set up a pro bono program where the judges seek to appoint counsel and pro bono prosecuting attorneys where the court seeks to discipline counsel.

Creator, Environmental Law Section and Immigration Law Section.
Director of Pro Bono Corporation

Publications Board of the Federal Bar Association

1995 Federal Bench/Bar Conference – Professionalism: Beyond the rules of Ethics

Presented Central PA Chapter 1st place in Group II for excellence in Chapter newsletter production and service to the FBA community, 1996

Great Neck Bar Association

Member

International Register’s Who’s Who in Executives and Professionals

Lawyers for Consumer Rights

Helped to create and formulate the mission of this organization, served as a Board member, and as President

Lawyers of Distinction

Lawyers of Distinction, December 8, 2015.

Lewisburg Prison Project

Co-operating Attorney and Past Board Member
Awarded the Karl and Isabelle Patten Award, October 14, 2013

Litigation Counsel of America

Invited to become Fellow in this Trial Lawyer Honorary Society

Lycoming Law Association:

Medico-Legal Committee

Assisted in the drafting and dissemination of the model medico-legal code of conduct, Lycoming County Medical Society in conjunction with the Lycoming County Bar Association

Chair, Bench Bar Committee

Creator of section heads

Certificate for participation in recognition of commitment for equal justice for the poor by regular participation in the Lycoming County

Pro Bono Referral Program.  I have received a yearly pro bono award for every year the recognition has been in existence.  1982 served on Lycoming County Ad Hoc Committee on Physicians.

Lunch & Learn Series 2008-2009 – Annual Update on Torts, November 19, 2008

Eat & Earn Series 2009-2010 – Annual Update on Torts, September 16, 2009

Eat & Earn Series 2009-2010 – Pennsylvania Product Liability Law:  A Look at the Current Status and What the Future May Hold, February 17, 2010

Fair Share Award, 2010, for participation in the Pro Bono Referral Program

Inns of Court:  Capturing and Detention of Lawful Combatants, February 5, 2010

Fair Share Award 2011, for participation in the Pro Bono Referral Program

Eat & Earn Series 2011-2012 – Annual Update of the Law, February 15, 2012

Fair Share Award 2012, for participation in the Pro Bono Referral Program

Eat & Earn Series 2012-2013 – Annual Update of the Law, May 15, 2013

Fair Share Award 2013, for participation in the Pro Bono Referral Program

Eat & Earn Series 2013-2014, Annual Update of the Law, March 19, 2014

Lycoming Law Association Fair Share Award 2015 “In recognition of your pro bono work.”

Fair Share Award 2016 for participation in the Pro Bono Referral Program

Presented Annual Update of the Law, November 2017

North Central Pennsylvania Trial Lawyers Association, now renamed North Central Pennsylvanians for a Brighter Future

Founder and Past Chairperson
President, Political Action Committee
Secretary, 2019.

Metrolab, Inc.:

Financial Vice President, 1982-1987, quality control engineering firm

Middle District Advisory Committee, District Court, Middle District of Pennsylvania:

Original member
Assisted in drafting of Middle District Rules.
Alternative dispute resolution advisory committee

Middle District of Pennsylvania Mediation Advisory Committee

Selected to be “among a small group of accomplished professionals hand-picked by the court to strengthen the Alternative Dispute Resolution Program” started in April 1994 under the Civil Justice Reform Act. The Committee functions under the auspices of the Hon. Christopher Conner.

Million Dollar Advocates Forum

Mothers Against Drunk Driving (MADD)

Sponsored first organizational meeting in Williamsport, PA.

National Association of Distinguished Counsel

Invitation to Nation’s Top One Percent of attorneys in the United States.

National Register’s Who’s Who in Executives and Professionals

National Trial Lawyers

Nominated for membership in the Top 100 Trial Lawyers for 2011, 2012, and 2019.

New York State Bar Association

Member

New York University, Faculty of Arts and Science, Taub Center for Israel Studies

Taub Center Board of Advisors

North Central Pennsylvania Trial Lawyers Association, Political Action Committee

“Lawyer Group Backs Whistleblowers.” North Central Pennsylvania Trial Lawyers announced support of two bills in the state legislature that would strengthen whistleblower protection for medical health care professionals in Pennsylvania. The announcement was made by former North Central Pennsylvania Trial Lawyers Association President Clifford Rieders.

Patient Safety Authority

The Patient Safety Authority was created by Act 13 in March of 2002 based upon the recommendation of the Institute of Medicine in 1999. Pennsylvania’s Patient Safety Authority is the first one in the nation. I am a statutory appointee by the Senate Minority Leader.

I have also served as a member of the RFP Committee and Project Management Subcommittee in connection with the hiring of an appropriate contractor.

Member RFP Committee and Project Management Subcommittee.

Reappointed to the Authority by Democratic Leader Robert J. Mellow, January 27, 2009.

Presented with Pennsylvania Patient Safety Authority Recognition Award plaque, September 12, 2017.

Pennsylvania Bar Association:

Member, Litigation Section.

Past member: Civil Rights and Responsibilities Committee; Medico-Legal Committee, Regional Court Coordinating Committee.

Chairperson, Amicus Curiae Committee, past Allocatur Clerk through 2004. Thereafter continued as member after training co-Chair to take over responsibility as Chair of the committee.

Special Counsel: Selected as special counsel to litigate the constitutionality of a recent ballot issue altering the Confrontation Clause of the Pennsylvania Constitution and placing procedural powers in the legislative branch of government. Bergdoll v. Kane, Supreme Court of Pennsylvania invalidated ballot initiative altering confrontation clause in Pennsylvania Constitution. Representative of Lycoming County as a delegate to the Jefferson meeting on the United States Constitution, December 11-12, Harrisburg State Capitol, 1997, sponsored by the Pennsylvania Bar Association. Special Achievement Award for pro bono efforts on behalf of the Pennsylvania Bar Association in connection with litigation in the name of the Pennsylvania Bar Association. Member, Health Care Task Force, which studied issues related to health care and medical malpractice in Pennsylvania, and which report was ultimately adopted by the House of Delegates. Drafted resolution in which Pennsylvania Bar Association called for amendment to state’s Merit Certificate Rule, which was as a result thereof changed as to the comment by the Pennsylvania Supreme Court.

Named Chairman of the Health Care Law Committee of the PBA, July 2010

Appointed to PBA Judicial Evaluation Commission 2010

Appointed to PBA Amicus Curiae Brief Committee, May 2011-May 2012

Member, PBA Media Response Team, June 2011

Chairman of the PBA Health Care Law Committee, 5/2011 to 5/2013

Legal Action Subcommittee, June 26, 2013

Certification of Appreciation, November 21, 2013

Appointed to PBA Amicus Curiae Brief Committee, May 2017

Appointed to PBA Health Care Law Committee, May 2017, May 2019

Appointed to the Civil Procedural Rules Committee, 7/2019-7/2024.

Pennsylvania Bar Institute

Civil Instructions Subcommittee, Pennsylvania Supreme Court Committee for Suggested Standards Civil Jury Instructions – Revisions to Chapter X of the standard jury instructions involving professional negligence, attorney negligence and physician negligence. There will also be an instruction written dealing with Health Maintenance Organizations.

Civil Jury Instructions (2nd edition). First published more than 20 years ago by a Pennsylvania Supreme Court appointed committee, Pennsylvania Suggested Standard Civil Jury Instructions has become the authoritative reference for judges and counsel in civil cases.

Promulgated as recommendations to the Pennsylvania Supreme Court, March 2003Subcommittee for Medical Malpractice Subcommittee for Professional Torts Damages Causation General Torts September 28, 2006 – Trial Practice & Advocacy in the Federal Middle District: Initiating a Case; The New Local Rules; Motions Practice; Pretrial Memorandum and Conference; Alternative Dispute Resolution; The Trial February 22, 2007 – Speaker – “Preparing Your Witness to Testify: Tips and Techniques to Win Your Case,” – Mechanicsburg, PA Civil Jury Instructions – Practical Uses of the Updated Instructions, August 20082008 Supplement to Pennsylvania Suggested Standard Civil Jury Instructions

Pennsylvania Common Cause:

Asked to serve on state Board of Directors.

Prior pro bono amicus work.

Pennsylvania Super Lawyers

Member since inception

Pennsylvania Supreme Court:

Attorney invitee to the Advisory Committee to the Pennsylvania Supreme Court, 1983

Pennsylvania Trial Lawyers Association, now Pennsylvania Association for Justice:

July 8, 1989 Milton D. Rosenberg Award given for contributions to publications in the Pennsylvania Trial Lawyers Association for “thorough and scholarly articles and efforts as editor . . . [which] had enlightened your fellow trial lawyers and helped to improve the practice of law.” Originator of George F. Douglas annual amicus award when Chair of the Amicus Committee. Executive Board; Editorial Board of The Barrister, 1983 to present. Offices Held: Parliamentarian; Secretary; Assistant Secretary; Treasurer; Vice President; President Elect; President; Immediate Past President; Member, Board of Governors; Executive Board Committee Memberships: Judicial Liaison; Medico-Legal; Publication Committee; Amicus Curiae Committee, former Amicus Chair; Long-Range Planning; Member, Medical Malpractice Section; Member, Membership Committee; Publications; Education; Court/Judicial Liaison; Consumer Information Committee; Legislative Policy Committee; American Law Institute subcommittee; Convention Committee; Education Committee; Medical Malpractice Task Force subcommittee; Subcommittee to examine Senate Bills 942 and 300, Flexible Auto Insurance Reform; War Council subcommittee; Budget & Finance Committee; Ad Hoc Committee, Pennsylvania Code of Evidence; Election Oversight Committee; Nominating Committee; Super Committee; Barrister Committee; Ad Hoc Cyber Settled.com companies and how they impact the unauthorized practice of law; and numerous other committees.

LAWPAC Board as LAWPAC Trustee and LAWPAC Fund Development Committee, Past member; Legislation; reviewer of proposed legislation, author of numerous legislative pieces, and have written numerous detailed analyses of legislation proposed by others. Have testified before Pennsylvania House and Senate Committees on legislative issues, such as Privacy/Secrecy clauses in settlement agreements, Pennsylvania Senate Committee on the Judiciary; and as compiler and author of Senate Bill 1025 dealing with numerous consumer issues. Recipient, July 8, 2006 George F. Douglas, Jr., Amicus Curiae Award, for outstanding appellate advocacy as amicus curiae counsel on behalf of PaTLA. Recipient, 2009 PAJ Service Award, for timeless dedication to PAJ.

January 17-18 –: Served as Moderator during the Arbitration, Mediation and Settlements – Oh My: CLE. Also provided Medical Malpractice Case Note Update.

Philadelphia Bar Association

Featured speaker on predispute arbitration clauses, June 2017

Philadelphia Magazine

Named as a Pennsylvania Super Lawyer 2004, 2006 and 2014

Selected as a Top Attorney in Pennsylvania June 26, 2011

President Gerald Ford

has asked permission to place one of the author’s articles in the Gerald R. Ford Library in Ann Arbor, Michigan, concerning the Jewish seat on the Supreme Court, February 6, 1990.

Public Justice Foundation

Award for participation in the fight for justice through precedent-setting litigation as a member of the Public Justice Foundation. [2010]

Roscoe Pound Institute

Member Fellow 2000-2001

Trial Advocacy Foundation of Pennsylvania

Teaching in seminars from 1983 until its absorption by the Pennsylvania Trial Lawyers Association

Trial Lawyers for Public Justice

Communications and state network committee

Trial Masters

Invitation to organization for attorneys who tried 35 cases or more before a judge or jury

United States Court of Appeals, Third Circuit:

Attorney Invitee, since 1980

Served in a number of capacities, including Comments to Professor Burbank, University of Pennsylvania School of Law, with respect to his Seminole study on attorneys’ fees, 42 U.S.C. § 1988 in § 1983 cases.

United States District Court for the Middle District of Pennsylvania

Rules Committee, past member
Board of Judges Alternative Dispute Resolution Committee. Appointed by Chief Judge of the District.

Lecturer:

American Bar Association

Tort and Insurance Practice Section invitation to speak at the Products Liability Megaconference, June 2001. The Impact and Implementation of the Restatement (Third) of Torts: Products Liability – An Overview.

Centre County Bar Association

Bench-Bar Day, October 22, 2004. “Panel Discussion on Law and Medical Malpractice Issues.”

Dickinson School of Law, Carlisle

November 5, 1987, Federal Court/Civil Practice seminar presented at the Dickinson School of Law under the auspices of Louis F. Del Duca, Associate Dean, Advanced Legal Education. Invitation was by Sylvia H. Rambo, United States District Court, Middle District of Pennsylvania, Chief Judge. My topic was alternative disputes resolution, arbitration, scheduling conflicts, hearings, de novo, review process, present and future status – statistical overview, summary jury trials and related techniques, overview summary trial without a jury and summary trial without court involvement.

Federal Bar Association:

1992 – Middle District Rules

1996 – Ethics in the Federal Courts

1996 – Scranton – Middle District Practice and spoke at a number of Federal Bar Association seminars, as president

James V. Brown Library

2009 – Seminar – Available remedies when a doctor makes an error

Lock Haven University

Legal Principles

Lycoming College

Advanced Seminar in Constitutional Law

Pennsylvania Trial Lawyers Association, now Pennsylvania Association for Justice/Trial Advocacy Foundation

Courses taught:

1980-1994 Numerous Seminars: Tort, Medical Malpractice, Products Liability, Auto Insurance, Constitutional Law, Employment Rights, and Materials Written for each

2/15/94 – Seminar organizer, leader, and author of materials for the Pennsylvania Trial Lawyers Association Federal Practice Seminar; “Pennsylvania Federal Practice: The New Amendments.” Also served as moderator, and gave introductory overview. Pennsylvania Trial Lawyers Association Tips on Torts: How to Handle Cases on Medical Malpractice, Products Liability, and Premises Liability. 10/94 – Annual Update on Torts – Philadelphia – and prepared all materials. Publication number available.

3/95 – Product Liability Seminars in Philadelphia – and prepared all materials. Publication number available.

7/95 – Annual Update on Torts – Convention – and prepared all materials. Publication number available.

9/95 – Annual Update on Torts – Philadelphia – and prepared all materials. Publication number available.

7/96 – Annual Update on Torts – Convention – and prepared all materials. Publication number available.

9/96 – Annual Update on Torts – Philadelphia – and prepared all materials. Publication number available.

3/97 – Tips on Torts – Philadelphia – and prepared all materials. Publication number available.

4/97 – Tips on torts – Harrisburg & Pittsburgh – and prepared all materials. Publication number available.

7/10/97 – Statewide Stars of the Bench & Bar

7/11/97 – Annual Update on Torts – Convention – and prepared all materials. Publication number available.

9/97 – Annual Update on Torts – Philadelphia – and prepared all materials. Publication number available.

1997 – Taught on medical malpractice, general liability, standard of care, breach, causation, damages, and special cases such as informed consent, corporate negligence, HMO’s, defenses, two-schools-of-thought, plaintiff conduct, plaintiff medical condition; discovery issues – peer review; trial issues – handling medical experts on direct, cross. Was also moderator and gave introduction. Given March 14, 1997, Park Hyatt at the Bellvue in Philadelphia, and the Koppers Building, Pittsburgh, April 2, 1997, and the Harrisburg Hilton, April 16, 1997.

7/2/98 – Internet 101: Tools for the Trial Lawyer

7/2/98 – Don Keenan on Where’s the Passion

7/3/98 – Annual Update on Torts – Convention – and prepared all materials. Publication number available.

9/15/98 – Annual Update on Torts – Philadelphia – and prepared all materials. Publication number available.

11/12/98 – Jury Practice and Procedure in the U.S. District Court

5/4/99 – Restatement (3rd) Products Liability taught with the Reporter for the Restatement, Aaron Twerski, Philadelphia. Prepared all materials. Publication number available.

7/7/99 – Annual Update

7/8/99 – Tom Kline Presents

7/8/99 – Ethics & Mock Trials for Auto Practitioners

7/29/99 – Fee-Billing Practices in the Middle District

10/12/99 – Personal Injury Update, Philadelphia – and prepared all materials. Publication number available.

10/22/99 – Technology in the Courtroom

12/3/99 – Tactics in P.I. & Death Cases

3/21/00 – In-Firm Malpractice

7/13/00 – Beasley on Trial Advocacy

7/14/00 – Personal Injury Update, Nemancolin Resort, Farmington, Pennsylvania – prepared all materials. Publication number available.

10/10/00 – Personal Injury Update, Koppers Building, Pittsburgh, Pennsylvania – prepared all materials. Publication number available.

10/20/00 – Restatement (3rd) of the Law. Course planner and speaker on the topic of Restatement (3rd) Products Liability: Definition of a defective product; Proof under the Restatement; Risk utility analysis and its role; Warnings; Advertised pharmaceuticals, new horizon; History of the Restatement. Wrote teaching materials on ultrahazardous activities, strict liability section, as well. Worked with Professor Frank J. Vandall, faculty, Emory University School of Law.

12/00 – Discovery Tips for Medical Malpractice CLE Seminar, Philadelphia and Pittsburgh. Topic: Update of Recent Medical Malpractice Decisions. Prepared all materials. Publication number available.

12/19/00 – Medical Malpractice. Course planner and speaker on the topic of Update of Medical Malpractice case law. Philadelphia and Pittsburgh.

6/01 – The CAT Fund and PIGA, Philadelphia

6/19/01 – Medical Malpractice

7/01 – Annual Update of the Law, Torts

7/6/01 – Howard Nations: The Psychology of Persuasion

11/12/01 – 2001 Judicial Conference

12/18/01 – Medical Malpractice Litigation, Philadelphia

01/02 – Two seminars on new joint & several liability law

4/3/02 – Medical Malpractice

4/9/02 – Medical Malpractice

4/11/02 – Medical Malpractice Legislation

7/11/02 – Charles L. Becton on Maximizing Damages & Cross Examinations

7/12/02 – Annual Update of the Law, Torts

8/6/02 – Joint and Several Liability Law

10/02 – Annual Update for Civil Litigators, Philadelphia 10/4/02 and Pittsburgh 10/9/02

10/25/02 – Nursing Home Negligence, Philadelphia

4/16/03 – Ethical Issues in a Litigation Practice

4/22/03 & 5/09/03 – New HIPAA Privacy Regulations Telephone Seminar

7/11/03 – Annual Update of the Law, Torts, Nemacolin Woodlands

10/9/03 – Annual Update for Civil Litigators, General Torts – Sovereign Immunity, Negligence Issues, Damages, ERISA, Medical Malpractice, Liquor Liability, Bad Faith, Infliction of Emotional Distress, Legal Malpractice, Defamation, Attorney’s Fees, Philadelphia

10/22/03 – Medical Malpractice Expert Testimony, Daubert and Related Issues: The Use and Abuse of Daubert, What is “Novel Science,” General Requirements of Competence, Non-Physicians as Experts. Sofitel, Philadelphia

6/8/04 – Medical Malpractice – What You Must Know in 2004, taught at both Philadelphia and Scranton. Philadelphia – Tuesday, June 8, 2004; Scranton – Wednesday, June 9, 2004. Topics: Philadelphia – miscellaneous, statute of repose, venue, informed consent, spoliation, ostensible agency, new Superior Court rules re: pretrial procedures and mediation, remittitur. In Scranton – miscellaneous and periodic payments for future medical expenses, itemized verdict slip, funding sources, exceptions.

10/7/05 – Annual Update for Civil Litigators, Philadelphia – prepared all materials. Publication number available.

2/9/06, 2/15/06 & 2/22/06 – CLE Seminar – PA Suggested Standard Civil Jury Instructions, Philadelphia, Pittsburgh and Harrisburg, respectively.

7/8/06 – Annual Update for Civil Litigators, Neamacolin Woodlands: Torts.

10/6/06 – Annual Update for Civil Litigators, Philadelphia – Torts

11/16/06 – Medical Malpractice – Settlement Considerations, Pittsburgh

11/20/06 – Medical Malpractice – Settling Med Mal Cases, Philadelphia

10/8/07 – Annual Update for Civil Litigators, Philadelphia – Torts Update

10/28/08 – Annual Update Seminar, Philadelphia, PA

11/14/07 & 11/16/07 – Medical Malpractice Seminar – Course Planner – Pittsburgh & Philadelphia, respectively

6/12/08 – Advanced Topics in Medical Malpractice – Certificate of Merit Issues – Philadelphia, PA

10/15/08 & 10/28/08 – Annual Update of the Law, Pittsburgh and Philadelphia, respectively

12/3/08 – Medical Malpractice Seminar – Course Planner – Pittsburgh and Philadelphia

6/26/2009 – Annual Update of the Law, Cambridge, MD

5th Annual Medical Malpractice Seminar, 2010

11/5/2010 – Annual Update of the Law, Philadelphia, PA

3/25/2011 – Cliff’s Rules on Trial Practice, Philadelphia, PA

7/26/2011 – Historic Changes: New Joint and Several Liability Law – Philadelphia

10/12/2011 – Medical Malpractice Seminar – Course Planner – Philadelphia

4/9/2012 – Med Mal Seminar, M-Care Act & Attorney’s Fees on Future Medical Expenses – Sayler v. Skutches & its implications; Plus other M-Care issues; Elimination of joint and several liability in med mal cases

6/29/2012-Annual Update of Torts, Hershey

8/15/2012 – New Proposed Medicare Regulations webinar

10/5/2012 – Annual Update for Civil Litigators, Philadelphia

10/1/2013 – Annual Update of the Law, Philadelphia

11/19/2013 – 8th Annual Medical Malpractice Seminar, Case Law Update

11/3/2016 – Medical Malpractice: Critical Issues in Current Practice, Philadelphia

11/17/2017 (Philadelphia); 11/8/2017 (Pittsburgh): Annual Medical Malpractice Seminar: Winning Med Mal Cases at Arbitration or Trial

10/24/2019 (Philadelphia); Annual Malpractice Seminar: Update: Adapting to New Case Decisions

Pennsylvania Association of Defense Counsel:

Restatement (Second) 402A versus the Restatement (Third)

Pennsylvania Bar Institute:

Practice & Procedure in the Federal Court, Spring 1981

Pennsylvania Federal Evidence, Fall 1981

Fourth Annual Personal Injury Institute Restatement (3rd), Products Liability, Philadelphia, Pennsylvania, 1997.

Lecture on Physical and Mental Pain and Suffering Past and Future given at seminar entitled Damages: Tactics in Personal Injury and Death Cases, Nittany Lion Inn, State College, PA, Friday, December 3, 1999, for CLE credits.

Trial of a Medical Malpractice Case, April 22, 2003, Mechanicsburg, PA.

Hot Topics in Products Liability, Challenges to Experts: Current Law and Procedure, Mechanicsburg, PA, Tuesday, December 9, 2003

The Nuts and Bolts of the Medical Malpractice Case, Mechanicsburg, April 16, 2004. Topic: opening statements.

Trial of a Medical Malpractice Case, April 7, 2005, Mechanicsburg, PA.

03/16/2011 17th Annual Health Law Institute: A New Paradigm? The Pennsylvania Patient Safety Authority Comes of Age

3/13-14/2012 – 18th Annual Health Law Institute – How Pennsylvania’s New Joint & Several Liability Law Will Affect Medical Liability Claims

3/13-14/2014 – 20th Annual Health Law Institute – Pennsylvania Patient Safety Authority: Leader in Patient Safety or Apologist for the Status Quo?

Section 1983 Litigation, “Civil Rights and Attorney’s Fees under Section 1988”, November 2, 2015.

Continuing Legal Education, “Medical Malpractice Update”, August 10, 2016.

Continuing Legal Education “Recent Legislation and Cases in Professional Malpractice”, March 21, 2019.

Pennsylvania Bar Institute, Standard Civil Jury Instructions

Civil Jury Instructions (2nd edition). First published more than 20 years ago by a Pennsylvania Supreme Court appointed committee, Pennsylvania Suggested Standard Civil Jury Instructions has become the authoritative reference for judges and counsel in civil cases. Promulgated as recommendations to the Pennsylvania Supreme Court March 2003

Subcommittee for Medical Malpractice

Subcommittee for Professional Torts

Damages

Causation

General Torts

Civil Jury Instructions (Third Edition). Factual Cause; Medical Malpractice after M-CARE ACT; Jury Note Taking; Non-Economic Loss. 2005 Edition.

Pennsylvania College of Technology:

April 19, 2001 – Conducting class to physicians’ assistants on medical malpractice issues.

Philadelphia Bar Association

May 22, 2017, Predispute Arbitration Clauses

Philadelphia Municipal Court Judges

Retreat, Tort Law – November 19, 1999

Radio, Television & Webchat

Talk radio appearances, including, for example, Mark Lawrence, KISS-FM, WRAK; Ken Sawyer, involving issues as diverse as Citizens For Consumer Justice, consumer issues, tort reform, first amendment school prayer issues, and as recently as a parole 2000 auto insurance and medical malpractice.

Odyssey TV channel, speaking on religion.

WHYY Web Chat, Tuesday November 17, 2009, Online forum on Patient Safety

Guest appearance on WFMZ-Ch. 69’s “Business Matters,” medical malpractice edition

Interview on lottery privatization: http://wnep.com/2013/02/15/official-lottery-privatization-was-sweetheart-deal/.

WKOK interview re the civil implications at Penn State, 11/2011

Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters

1998-2000 – Created and taught some of the courses in a program of in-house education to staff

1999 – Ethics
Vicarious Liability
Federal Rules of Civil Procedure

2000 – Ethics for Paralegals – October 24
Evidence – October 31

SCORE

Williamsport Municipal Trade & Transit Center, November 23, 1999 – “Legal Misconceptions for Modern Executives”

Synagogue

President, and Past Treasurer

Numerous D’Var Torahs.

Four Chaplains Memorial Service – February 14, 2000 “Four Faiths, One Mission”.

Speech on Pollard sentencing issues.

Constitutional issues regarding the placement Crèche on public/private property.

Master of ceremonies at numerous events.

Introduced speakers in 2000-2001 for Central Pennsylvania Committee State of Israel Bonds annual award dinner.

Recipient of Gates of Jerusalem award, Israel Bonds dinner, April 1, 2009.

Wyoming Trial Lawyers Association

Invitation declined to speak at seminar on products liability, Restatement of Torts Third, Jackson Hall, Wyoming, June 21-22, 2000.

Monographs, etc.:

Williamsport Sun-Gazette OpEds/Articles:

• “Second-Guessing Allied Leaders is Appropriate,” Sunday, July 23, 2000, A-5.
• “Our Outdated Presidential Election Process Needs Updated,” Friday, November 24, 2000, A-5
• “An Opportunity to Educate the Public on the Law,” July 8, 2001
• “Our Love-Hate Relationship With the Courts,” August 2001
• “Who Can Predict the Future?” 9/16/01
• “Bad Business Practices, Not Lawsuits, Plague State Malpractice Insurance Company,” 12/16/01
• “Publications Miss the Mark on Liability Issues,” 9/15/02
• “Patient Safety at the Top of the Agenda,” 3/3/02
• “Should Doctors Have the Right to Strike,” 5/11/03
• “Elections: Fair or Rigged?” – 1/18/04
• “The Lincoln Institute and Other Fairy Tales,” 2/22/04
• “The Patriot Act: Blessing or Curse?”, 6/20/04
• “A crisis of credibility looms,” 9/12/04
• “Faulty Electoral College behind lawyer-laden election,” 11/7/04
• “Moral values in the real world,” 12/12/04
• “From whom do our kids learn?” – 2/20/05
• “Deep Throat and Me,” 6/12/05
• “Solomon and the Supreme Court,” 7/5/05
• “Katrina, Supreme Court openings prompt assessment of role of law in society,” 9/18/05
• “Images of war, memories of peace,” 1/1/06
• “Get to the source of killing and mayhem,” 2/26/06
• “Mcare Commission report shows medical malpractice claims payouts are dropping,” June 2006
• “How Mel Gibson can Perform T’Shuva for his comments,” 8/12/06
• “Loss of Mcare fund would be risky,” 12/24/06
• “You’re Fyid! Who’s the boss?,” 3/25/07
• “Democracy worshiper,” 7/6/07
• “Big Brother or state’s rights,” 8/19/07
• “Lawyers revolting or revolting lawyers,” Sunday, November 18, 2007
• “The Clinton reprise: Part III,” February 10, 2008
• “And Alexander Hamilton wins,” March 23, 2008
• “Confronting a Clergyman,” April 6, 2008
• “What Muslims Can Learn From the History of the Church,” April 2008
• Letter to the Editor – “Odd juxtaposition,” June 5, 2008
• “The lesson of Woods and Obama,” June 29, 2008
• “For Constitutional junkies only,” August 10, 2008
• “A diverse people, and the opportunity that awaits Obama,” November 16, 2008
• “The Battleground of the United States Supreme Court,” February 1, 2009
• “Debate over torture law can bring public education,” May 3, 2009
• “Is this much ado about something?”, June 21, 2009
• “Elect or appoint; Who should run municipal government?”, July 19, 2009
• “The saga continues: Kohl’s, the next generation,” August 2, 2009
• “The gas drilling interests are complaining already,” date published unknown
• “Campaign finance ruling: Remember when Athens fell,” February 5, 2010
• “Learning more about health care costs,” May 16, 2010
• “Living through the death of moderation,” June 20,2010
• “Free speech and religion: Strange bedfellows,” August 15, 2010
• “Why I Love the Tea Party,” September 26, 2010
• “An open letter to Mayor Campana on city’s future,” October 31, 2010
• “Patient safety: Still on the front burner,” December 12, 2010
• “Messy Democracy – we need it now more than ever,” January 9, 2011
• “Do politics kill? They better not,” January 23, 2011
• “President’s Day and religious liberty,” February 20, 2011
• “Attorney: Do more for safety of patients,” March 3, 2011
• “The latest Mideast gambit: Does this make sense?”, June 2011
• “Assessing Israel and American politics,” June 19, 2011
• “Connecting Moses and the Fourth of July,” Summer 2011
• “The calm before the storm that was Hurricane Irene,” September 18, 2011
• “Why is Israel so vital to the Evangelicals?”, October 23, 2011
• “Why I love the Occupy Wall Street crowd,” November 13, 2011
• “Brett Feese: Then and now and in the future,” November 20, 2011
• “Where is Teddy Roosevelt?”, unknown date 2012
• “Death of the American Constitution,” March 11, 2012
• “Taking on the Vatican,” April 1, 2012
• “Congress rewrites the American Constitution,” April 15, 2012
• “A case of dueling Constitutions,” May 13, 2012
• “The Great Disconnect,” June 24, 2012
• “Is this politics as usual?”, August 12, 2012
• “The politics of hurricane season,” September 9, 2012
• “The angst of a parent amid the Mideast chaos,” November 25, 2012
• “Guns, missiles and culture,” January 6, 2013
• “Lawyers, heal thyself,” March 17, 2013
• “President Obama in Fantasy Land,” April 7, 2013
• “Appreciating the courts,” May 25, 2013
• “Are we going to the dogs?”, June 9, 2013
• “Are we nearing the end of democratic rule?”, June 27, 2013
• “A fake liberal or a bad conservative?”, August 18, 2013
• “Regarding the appointment of federal judges,” September 1, 2013
• “Regarding drug houses and solutions,” September 29, 2013
• “What do demolition, fall season have in common?”, October 27, 2013
• “A convergence of goodness between Thanksgiving and Hanukkah,” November 28, 2013
• “A conversation about race and politics,” December 8, 2013
• “Civil rights on the animal farm,” February 9, 2014
• “Some needed financial relief for students,” June 8, 2014
• “Presidents Bush and Obama – partners in failure,” July 6, 2014
• “The death of a neighbor,” July 6, 2014
• “‘Greecing’ the wheels for prayer,” July 13, 2014
• “What the country stands for,” July 26, 2014
• “The Hobby Lobby case is no kid stuff,” September 25, 2014
• “Is it political correction or good manners?” August 30, 2015
• “Donald Trump and the Borscht Belt”, September 6, 2015
• “Iran and ‘The Bomb’”, September 9, 2015
• “Iran Nuclear Agreement Review Act of 2015 and Legal Ramifications”, September 9, 2015
• “The Teaching of hatred”, November 8, 2015
• “Nation of Refuge”, November 22, 2015
• “Allen Ertel: The Passing of a Great Character”, November 29, 2015
• “What is Democracy?”, December 27, 2015
• “The Middle Eastern Pot Boils”, January 6, 2016
• “The Police chases and the Constitution – lately”, January 17, 2016
• “How Peace would have a Chance”, January 20, 2016
• “Hollywood in History”, February 21, 2016
• “The passage of Justice Antonin Scalia”, February 28, 2016
• “The Enemy is US”, March 13, 2016
• “Love is a Partnership”, March 27, 2016
• “A Biblical Feminist Story”, March 24, 2016
• “Sanders and Trump”, April, 17, 2016
• “Who is the Lesser Evil?”, June 5, 2016
• “Is there a Reason to vote for Trump?”, August 14, 2016
• “Hypocrisy at the Olympic Games”, August 21, 2016
• “The Passing of Tom Raup”, September 1, 2016
• “The Fall of Great Empires”, September 18, 2016
• “Technology and the rule of law,” September 25, 2016
• “A dog’s life: Marking the passing of Sampson,” October 9, 2016
• “Mighty Oaks from Small Acorns”, October 28, 2016
• “The Times They Are a-Changin’,” November 20, 2016
• Governor of Pennsylvania signs anti-BDS bill into law, Williamsport Sun-Gazette, November 20, 2016
• “Fretting over the Chinese,” December 18, 2016
• “Memories of Judge Clinton Smith,” January 8, 2017
• “Obama and Israel: Can the president be a bigot?” January 15, 2017
• “Making the post-election move from chaos to order,” January 29, 2017
• “Russians under the bed,” February 12, 2017
• “This is democracy in action,” February 19, 2017
• “The original interpretation, Gorsuch and Scalia’s seat,” February 26, 2017
• “The crux of the Independents’ credo,” March 5, 2017
• “Land of Miracles,” March 12, 2017
• “Majority rules better than super majority,” April. 16, 2017
• “A clash of titanic egos,” June 25, 2017
• “The Paris deal,” July 2, 2017
• “Home Rule or politics as usual?”, July 16, 2017
• “State judges: Political selection or election selection?”, July 30, 2017
• “People, politics and polarization,” August 20, 2017
• “Metal detectors and murder,” September 3, 2017
• “Who’s pulling the strings?”, September 17, 2017
• “When airport security is insecure,” October 1, 2017
• “The hazards of school sporting events,” October 29, 2017
• “Putting terror out of business,” November 26, 2017
• “Jerusalem: The Eternal City,” December 17, 2017
• “The Power of the FBI,” December 24, 2017
• “‘Lefty’ Travis: A lawyer’s life,” January 7, 2018
• “The Op-Ed The New York Times will not publish,” January 21, 2018
• “UN Relief and Works Agency: Savior or demon?”, February 18, 2018
• “Gerrymandered elections: Who decides?”, March 11, 2018
• “Passover and freedom,” March 31, 2018
• “What exactly is ‘Due Process?’”, April 22, 2018
• “Does the Supreme Court protect terrorists?”, May 13, 2018
• “Stormy Times, Stormy Men”, June 3, 2018
• “Children as Political Tools”, June 24, 2018
• “Disorder at the FBI”, July 1, 2018
• “When Airport Security is Insecure”, August 5, 2018
• “Confusion as a National Policy”, August 12, 2018
• “Loving America: Can it Prevail?”, September 2, 2018
• “Rosh Hashana: Happy New Year”, September 8, 2018
• “A Portrayal of a Place of Contrasts”, September 23, 2018
• Letter to the Editor, “Regarding ‘Loving America’”, September 26, 2018.
• “Proposed Amendment to State Constitution Creates Mischief”, September 30, 2018
• “Kavanaugh/Ford and Credibility”, October 2, 2018
• “The Triumph of Bigotry”, November 11, 2018
• “Were the Pilgrims Celebrating Sukkot?” November 22, 2018
• “The Issue of Citizenship by Birth”, November 25, 2018
• “The New York Times Supports Blacklisting Jews”, January 6, 2019
• “And the Bride and the Groom Shall Dance”, January 13, 2019
• “Negotiation as Weakness”, January 20, 2019
• “Candid Camera: City Leaders Await Mayoral Direction”, February 19, 2019
• “The Dangers Inherent in Opulant America”, March 17, 2019
• “Recent Realization: How it Feels to be a Political Football”, April 7, 2019
• The Rockefeller Brothers’ Anti-Semitism Shows Itself”, April 23, 2019.
• “The Quirky Pennsylvania Constitution”, May 19, 2019
• “Mar-A-Lagowood in Montoursville”, June 2, 2019
• “Control Over Communication – and the Civil Population”, July 14, 2019
• “A Football in the War Against Trump’s Enemies”, July 28, 2019
• “Will the Excitement Over the Moon Landing Dissipate?” August 4, 2019
• “I Am Not a Crook”, October 6, 2019
• “Impeachment as Normal Politics”, November 3, 2019.
• “What’s new? An evaluation of American history”, November 17, 2019
• “Legislative prayer and the spiritual needs of lawmakers”, December 1, 2019
• “Distrust for the Associated Press reports out of Middle East”, December 29, 2019
• “Israel: ‘The Promised Land for Cats’”, January 26, 2020
• “Out with the old, in with the new”, February 2, 2020
• “Distorted view of the First Amendment”, March 22, 2020
• “Passover, freedom and the coronavirus”, April 12, 2020
• “Life in the brave new world”, May 3, 2020
• “Joseph L. Rider understood the value of a hard day’s work”, May 17, 2020
• “The masked courtroom”, June 7, 2020
• “Protesting the statues”, July 12, 2020
• “Civil liberties: The delicate balance”, July 26, 2020
• “Exploring the reaches of the First Amendment”, August 9, 2020
• “Lawsuits and other scary bedtime stories”, September 6, 2020
• “Paving the way to Hell”, September 20, 2020
• “Nothing new under the sun”, October 3, 2020
• “Jean Staiman: A Lost Art”, October 18, 2020
• “Elections turn on a dime”, November 1, 2020
• “What a tie election looks like”, November 15, 2020

Pennsylvania Law Weekly Op-Eds/Articles:

• On Trial, A Conversation With Clifford A. Rieders, More Than Money: Lawsuits Aimed at Real Change, Pennsylvania Law Weekly, Monday, March 19, 1998, 21 P.L.W. 68.
• Letter to the Editor/Article; Save the Court of Appeals and Keep Diversity, Pennsylvania Law Weekly, Monday, April 3, 2000, cited as 23 P.L.W. 340.
• Trends In The Law, Torts: What Rights Do Students Have to Their Educations? Pennsylvania Law Weekly, 23 PLW 457, Monday, May 1, 2000.
• “It Is Important for Lawyers to Know the Truth: Health Care Liability System Must be Strengthened,” 24 PLW 1302, Nov. 12, 2001
• “Compromise, But Little Progress on Premiums, A Trial Lawyer’s Guide to the New Medical Malpractice Law,” 25 PLW 372, Monday, April 1, 2002
• Commentary Torts: An Ancient Doctrine Worth Keeping, Joint and Several Liability Guarantees Prudent Behavior,” 25 PLW 556, Monday, May 20, 2002
• “Debating the Future of Restatement Third in Pa.,” Litigation Roundtable: A Supplement to The Legal Intelligencer and Pennsylvania Law Weekly, February 2004.
• “The Ten Commandments in Pennsylvania,” Monday, December 13, 2004
• “Equality for Women: Still Taken for Granted?” – Monday, March 21, 2005
• “Dropping Like a Rock – Medical malpractice claim payouts are far below expected rates,” Monday, July 3, 2006
• “Putting Patients First … If Only We Knew How,” Monday, August 7, 2006
• “A Lawyer’s Murder – Naivete may have died with a trial attorney in north central Pa.,” Monday, December 11, 2006
• “The Wrong Direction – Phasing out the MCARE Fund would destabilize med mal insurance market,” Monday, December 18, 2006
• A Letter from President Ford – In exchange with Rieders, Ford explained selection of Stevens,” Monday, January 15, 2007
• “Who’s the Boss? – U.S. Attorney dismissals impact prosecutorial discretion,” Monday, April 2, 2007
• “Big Brother or State’s Rights? – The next U.S. Supreme Court term will test whether principled judicial conservatives exist,” Monday, August 20, 2007
• “The Sweetest Sound? Marcellus Shale evokes hopes of jingling pockets, but also fears of eventual destitution,” August 3, 2010
• “America for Sale?”, December 7, 2010
• “Protecting – And Not Protecting – Those Who Need It Most, New legislation will help elderly, but whistleblower protection not strong enough, February 1, 2011
• “To Tax or Trust? Debate over taxing Marcellus Shaledrilling could be solved, if focus is on problems,” March 29, 2011
• “Joint and Several Liability: Throwing the Baby Out With the Bath Water,” June 7, 2011
• “Since When Do Conservatives Seek Federalization of the Law?”, June 21, 2011
• “The Government Urge to Spend,” August 2, 2011
• “Superior Court Clarifies Law on Sequestration of Witnesses,” August 9, 2011
• “U.S. Supreme Court Weighs In on Campaign Finance Reform,” August 23, 2011
• “Federal Court Applies Discovery Rule Used in Med Mal to Legal Mal Claims,” August 30, 2011
• “Prayer at School Board Meetings Unconstitutional, 3rd Circuit Rules,” January 3, 2012
• “Venue Wars: The Legislature’s Latest Legal Fight,” February 21, 2012
• “Death of the Seventh Amendment of the U.S. Constitution,” April 3, 2012
• “Dueling Constitutions Could Present Problems for the Unaware,” May 15, 2012
• “Taking a Closer Look at the Politics Surrounding the Marcellus Shale,” August 21, 2012
• “Deciphering the Rubik’s Cube in the U.S. Supreme Court after Sebelius,” September 25, 2012
• “ABA Sending the Wrong Message on Legal Training,” April 2, 2013
• “The U.S. Supreme Court Reshapes America,” July 30, 2013
• “Gridlock in the Appointment of Federal Judges,” September 3, 2013
• “Ensuring Patient Safety With Hospital Report Cards,” December 24, 2013
• “American Law Institute Restatement Third Grinds Out More Proposals,” March 18, 2014
• “Hobby Lobby Demonstrates a Sharp Divide,” September 16, 2014
• “An Enlightening Outdoor Meditation in Pennsylvania”, September 8, 2015
• “The Liability for Economic Harm and a Restatement,” December 22, 2015
• “Technology and the Law’s Role in Protecting Citizens,” October 11, 2016
• “Many Questions Remain About Medical Marijuana in Pa.,” December 13, 2016
• “The Downfall of Privacy and the Enforcement of the Law,” January 10, 2017
• “Punitive Damage Discovery 20 Years After the Adoption of Rule 4003.7,” April 18, 2017
• “Opinion: President Trump’s Jerusalem Move Isn’t Necessarily a Bad One,” January 2, 2018
• “Breakthrough Pa. Decision a Small Step Toward Equality in the Workplace,” January 30, 2018
• “When Airport Security is Insecure: TSA Screeners Considered Federal Employees”, August 28, 2018
• “Do the Privacy Interests of the Majority Outweigh Those in a Small Minority?” September 11, 2018
• “When Does Music Cross the Line From art to Criminal Conduct?”, October 9, 2018
• Proposed Amendment to Pa. Constitution Undermines Rights of ‘Accused’”, October 16, 2018
• “Shooting Man’s Best Friend: Third Circuit Affirms Dismissal”, October 6, 2020

Harrisburg Patriot Op-Eds/Articles:

• “My Favorite Website,” January 26, 2004
• “Patriot Act serves vital security role,” July 11, 2004
• “Entertainment landscape alters politics,” October 10, 2004
• “We haven’t had guts to redo Electoral College,” November 17, 2004
• “Search for moral values includes all corners of real world,” Sunday, December 19, 2004
• “Ruling limits privacy rights of workers,” April 17, 2005.
• “The Ten Commandments,” July 3, 2005.
• “Malpractice costs decline statewide,” July 23, 2006
• “Business, consumers face off at high court,” September 9, 2007
• “Many lawyers represent those without any voice,” December 27, 2007
• “Rulings boost federal authority,” April 6, 2008
• Letter to the Editor – “’Tort reform’ for recreational land goes way too far,” January 17, 2014

The Williamsport Guardian Op-Eds/Articles:

• “Equality for women taken for granted?” – The Williamsport Guardian, Vol. 1, No. 3, June/July 2005.
• “John Roberts and Big Government,” The Williamsport Guardian, September 2005.
• “Exit Miers, enter Alito – A first take on the new Supreme nominee,” Williamsport Guardian, November 2005
• “Festival of Faith,” Williamsport Guardian, December 2005-January 2006
• “Of hunting accidents and other legal matters,” Williamsport Guardian, March 2006
• “Elections or non-retentions?,” October 2006
• “Healthcare at the top of the agenda,” February 2007
• “American Idol for President!,” October 2007
• “Chinese labor options,” December 2007/January 2008
• “Torture Law,” May 2009
• “Malpractice Claims Drop While Medical Errors Continue to Rise,” August 2009.
• “A Random Encounter,” October 2009
• “The Death of Moderation,” August 2010
• “Williamsport enters the realm of international law,” March 2011
• “To tax or trust,” April/May 2011
• “Yiddish for Politicians,” August/September 2011
• “What I am For,” October/November 2011
• “Where is Teddy Roosevelt?”, February/March 2012
• “Dueling Constitutions,” August/September 2012
• “The Great Disconnect,” August/September 2012
• “Politics as usual,” August/September 2012
• “Be Careful What You Wish For,” October/November 2012
• “The End…Or The Beginning?, Cliff Rieders Talks Mysticism and Living Well,” December/January 2013
• “Local love: what you love about small-town PA,” February/March 2013
• “State Rep. Rick Mirabito – Madman or Messiah?”, July 13, 2013

Miscellaneous Op-Eds/Articles

• New York Metropolitan Regional Counsel, summer intern, contributor to study on solvent waste disposal, 1968.
• Rothblatt, Rothblatt, Seijas & Peskin, summer intern, contributed to Bailey & Rothblatt, books on white collar crime, including work on New York Criminal Code text, 1969-1970.
• Monographs, “Private Rights of Individuals Under Treatises,” 1972
• “Case Analysis of the ‘Good Health’ Clause in Insurance Contracts,” 1972
• “Oil Import Quota Policy of the U.S. – The Triple Alliance of Power,” 1973
• New York Regional Counsel Federation of Jewish Men’s Clubs: Federal Courts and Kosher Food, the Schlessinger case, Vol. II, No. 9, May 1980
• New York Regional Counsel Federation of Jewish Men’s Clubs: When is Philosophy a Religion or Why Don’t Judges Call a Spade a Spade, Vol. III, No. 7, February 1982
• “Shared Custody Becomes Law in Pennsylvania,” The Barrister, Vol. XIII, No. 1, Spring 1982
• “When a Parent Dies Leaving Children, What is the Measure of Damages,” The Barrister, Vol. IX, No. 1, Spring 1983
• “War and Peace, Doctor/Lawyer Friction and a Solution,” The Barrister, Vol. XV, No. 2, Summer 1984
• “A New Conspiracy of Silence,” The Barrister, Vol. XVI, No. 2, Summer, 1985, and The Barrister, Vol. XVI, No. 3, Fall 1985
• Federation of Jewish Men’s Clubs, New York Metropolitan Region, Tidings, a Tidings special feature: Forgetting Horrors of Nazi Occupation, Vol. 3, No. 4, Fall 1985
• “Report on the 1985 Third Circuit Judicial Conference – Court Awarded Attorney’s Fees,” The Barrister, Vol. XVI, No. 4, Winter 1985-1986
• Trial Magazine, a number of book reviews, 1985-1995.
• “U.S. vs. Serge Kowalchuck, Revisited – Remembering the Lubomyl Ghetto,” The Barrister, Vol. XVII, No. 2, Summer 1986
• “Summary Jury Trials, A Settlement Technique,” The Barrister, Vol. XVII, No. 4, Winter, 1986-1987, and Trial, Vol. 23, No. 9, September 1987. Reprinted, with permission, by St. Johns University, Jamaica, N.Y., October 1999.
• “The Constitution on Trial,” The Barrister, Vol. XVIII, No. 2, Summer 1987.
• “When You Have Won Good Enough to Receive Attorneys’ Fees,” The Barrister, Vol. XVIII, No. 4, Winter 1987-1988
• “Defendants Ex-Parte Contact with Plaintiff Treating Physician Revisited: A Strong Message to Those Who Would Invade Plaintiff Rights,” The Barrister, Vol. XIX, No. 1, Spring 1988
• Bateman Not Viewed as a Threat to Underinsured Motorist Benefits, Pennsylvania Law Journal-Reporter, December 5, 1988, Vol. XI, No. 46, p. 3.
• “Report on the 1988 Third Circuit Judicial Conference – Rule II – Solution or Frivolity,” The Barrister, Vol. XIX, No. 4, Winter 1988-1989
• “Representing the Physician in Trouble: Is There a Lawyer in the House,” The Barrister, Vol. XX, No. 2, Summer 1989
• Tort Law – A Question of Subrogation goes before Superior Ct., Pennsylvania Law Journal-Reporter, November 6, 1989, Vol. XII, No. 42, p. 3.
• “Will a Jewish American Fill the Next Vacancy on the United States Supreme Court?”, The Barrister, Vol. XXI, No. 1, Spring 1990
• “A New Twist in Insurance Law,” commentary, Pennsylvania Law Journal-Reporter, April 9, 1990, Vol. XIII, No. 14, p. 2.
• “Charting a New Course for Preliminary Injunctions, Corporate Law,” Pennsylvania Law Journal-Reporter, July 2, 1990, Vol. XIII, No. 26, p. 4.
• Trends in the Law – Discovery – Civil Discovery Rules Clarified – Thou Shalt Not Steal the Opposition’s Witness, Court Holds, Pennsylvania Law Journal Reporter, Vol. XV, No. 38, October 12, 1992.
• Pennsylvania Law Journal/Pennsylvania Law Journal-Reporter/Pennsylvania Law Weekly. 1988 through present. A number of articles over the years interviewing other trial lawyers, articles about cases and book reviews.
• Contributor, Mann/Stoval Gynecologic Surgery, Churchill Livingstone, Published, 1996, chapter on legal implications.
• “Prudent legal theory from a law student? The doctrine of market share liability and lead paint poisoning.” The Barrister, Vol. XXVIII, No. 2, Summer 1997.
• “United States vs. Jonas Stelmokas, Remembering The Vilijanpole Ghetto,” The Barrister, Vol. XXVII, No. 2, Summer 1997
• “Spoliation of Evidence, Whatever happened to the old &’missing evidence adverse inference’ rule?” The Barrister, XXVIII, No. 4, Winter 1997.
• “A Conspiracy Theory in the Corporate Context, Can a parent corporation and its subsidiary be found to have conspired in a negligence case?” The Barrister, Vol. XXVIII, No. 3, Fall 1997.
• “Cliff Notes” and Analysis of Case Law, Pennsylvania Barrister, 1993 to the present, quarterly until the magazine went to a semi-annual basis, and now the “Cliff Notes” representing an analysis of current case law are published semi-annually.
• Fourth Annual Personal Injury Institute, Vol. 2, Pennsylvania Bar Institute, “History of the Evolution of the Restatement of Torts (Third), Products Liability,” 1997
• Assisted in the rewrite of Pennsylvania Comments to Restatement (Third) Products Liability, 1997-1998
• Restatement (Third) of Torts: Product liability, a deliberate step backwards? PaTLA News, January 1998, Vol. XI, No. 6.
• “Restatement (Third) of Torts, A Deliberate Step Backward from Products Liability? The Barrister, Vol. XXIX, No. 1, Summer 1998
• Summary and Description of Restatement of Torts (Third), General Torts, 1999
• Summary and Description of Restatement of Torts (Third), Apportionment of Liability, 1999
• Restatement (Third): bane or blessing?” PaTLA News, June 1999
• Cliffnotes – “Is Use of Profanity in Court Contempt? Supreme Court has Final word in Williams.” Plus the author’s unique perspective on other meaningful cases. The Barrister, Vol. XXX, No. 1, Fall 1999.
• “Unsavory language in court, Pennsylvania Supreme Court has final word in Plus commentary on other meaningful cases.” The Barrister, Vol. XXX, No. 1, Fall 1999.
• Cliffnotes – “U.S. Supreme Court Looks at Sexual Harassment,” Three recent rulings. (See “Civil Rights”). Plus the author’s perspective on other important cases. The Barrister, Vol. XXIX, No. 2, Winter 1999.
• Cliffnotes – A New Movie Plot and Other Court Stories; Ongoing saga surrounding TMI litigation, The Barrister, Vol. 30, No. 2, Winter 2000.
• “Justice – American Style,” March 22, 2000, unknown if published or where
• Manual for Trial Care pro bono lawyers handling cases arising out of 911 terrorist attack. Authored chapter on wrongful death and survival actions 2001.
• All Annual Update materials for torts, 2002
• Nursing Home Malpractice Course Materials
• “Restatement Update: Hidden Agenda? Rewrite of the Law and Ultrahazardous Activities May Spell Trouble for Consumers,” Cliff Rieders and Rodney Knier, The Barrister Summer, 2002
• Monthly column in news publication of The Pennsylvania Trial Lawyers Association, July 2001-July 2002
• Restatement of the Law Torts: Liability for Physical Harm (Basic Principles), Pennsylvania Trial Lawyers Association, The Barrister, Vol. XVII No. 7, November 2003, pp. 3-10
• “Debating the Future of Restatement Third in Pa.,” Litigation Roundtable: A Supplement to The Legal Intelligencer and Pennsylvania Law Weekly, February 2004.
• “Health Insurance and Lawsuits,” September 24, 2004.
• “Lawyers Bad, Until You Need One,” The Scranton Times, Sunday, November 21, 2004.
• “New study shows preventable medical errors still a problem,” The Citizens Voice, March 12, 2005.
• “If Only the Public Knew,” Daily Courier, March 2005.
• “Nursing Home Litigation: The Rights of Seniors Slipping Away in their Golden Years,” Daily Courier, April 2005.
• “Pennsylvania’s Patient Safety Authority – An Overview,” Pennsylvania Bar Association Quarterly, Vol. LXXVI, No. 2, April 2005.
• “Reflections on the Holy Father,” April 5, 2005.
• “The Rich Get Richer; Much, Much Richer,” April 5, 2005.
• “New Harvard Statistics,” April 6, 2005.
• “Price Gouging and Inflation,” April 29, 2005.
• “Medical Malpractice Law in the United States,” June 3, 2005.
• “Why Health Care Costs are Going Through the Roof,” The Sunday Voice, Wilkes-Barre, PA.
• “Rejection of slots equals the right to raise taxes,” The Sunday Voice, Wilkes-Barre, PA.
• “In commandments decision, court shows Solomon’s wisdom,” Lebanon Daily News, Wednesday, July 6, 2005.
• “The Old Man at the End of the Dock,” July 8, 2005
• “Supreme Court – Supreme Decisions,” July 8, 2005
• “Court looks like Solomon,” Daily Courier, Saturday, July 9, 2005.
• “Medical Malpractice Insurance, An Update,” July 18, 2005
• “The American Law Institute Meets in Philadelphia,” PaTLA News, August 2005.
• “PricewaterhouseCoopers Weighs in on Impact of Act 13,” September 2, 2005
• “The Bible as Law,” September 6, 2005
• “Revolution in the Air,” November 9, 2005
• “Our rights Slipping Away,” December 6, 2005
• “Intelligent Design? Science or Theology?” December 21, 2005
• “The Next Great Senate Debate,” December 22, 2005
• “Medical Malpractice Insurance: The Dust Settles,” January 12, 2006
• “Eavesdropping and the Fourth Amendment,” January 26, 2006
• “Passions Roule,” February 10, 2006
• “Working Women,” February 14, 2006
• “Changes in the Wind,” February 27, 2006
• “Patient Safety Awareness Week,” March 7, 2006
• “Oil Imports,” April 27, 2006
• “Is the American Experiment in Fairness at an End?” – June 20, 2006
• “What Does Outreach Really Consist Of?” June 20, 2006
• “Medical Malpractice Claims Payouts Drop Like a Rock,” June 19, 2006
• “Medical Malpractice and the U.S. Health Care System,” edited by William M. Sage and Rogan Kersh, July 2006. Unknown if published or where.
• “The Nine Commandments – What I’ve learned in 36 years,” The Pennsylvania Lawyer, July/August 2006
• “Medical Malpractice and Patient Safety: The Beat Goes On,” September 2006. Unknown if published or where.
• “People of Choice,” September 2006. Unknown if published or where.
• “Oil Independence,” September 2006. Unknown if published or where.
• “Veteran Litigator Recalls His 9 Commandments of Behavior,” North Carolina Lawyer, September/October 2006
• “Tracking Change: Temple Israel and the Conservative Movement,” The New Light, Fall 2006, Vol. XLIX, No. 1
• “Another American Revolution?”, November 2006. Unknown if published or where.
• “What madness killed the Keeffes?,” The Daily Review, December 7, 2006
• “Hip Hop as a Mirror of our Times,” April 2007. Unknown if published or where.
• “Major New Research Argues for Litigation as Opposed to Regulation,” April 2007. Unknown if published or where.
• “Consider patient safety when restrictive legislation is discussed,” The Citizens Voice, 4/12/07
• “Supreme Court Conservatives and Big Government,” June 2007. Unknown if published or where.
• “Apply the &’American Idol’ test,” Daily Courier, June 2, 2007
• “Scaling the Walls,” September 24, 2007
• “Alexander Hamilton Wins,” 3/14/08
• “Pa. High Court to Consider Negligence Concepts in a Strict Liability Lawsuit,” The Legal Intelligencer, 3/24/2008
• “Disclosing Harmful Medical Errors,” 6/9/08
• “Reporting medical mistakes helps prevent lawsuits,” The Citizens Voice, 6/12/2008
• “Victory in the War on Terrorism,” 6/20/2008. Unknown if published or where.
• “Disclosing harmful medical errors,” The Pittsburgh Daily Courier, June 21, 2008
• “Health Care on the Wrong Track,” 07/21/2008. Unknown if published or where.
• “Deregulation: Panacea or Pariah?”, 08/01/2008. Unknown if published or where.
• “Sex in Politics is Not New,” 08/13/2008. Unknown if published or where.
• “Financial Crisis and Monopoly,” 09/19/2008. Unknown if published or where.
• “Beauty & the Beast,” 10/03/2008. Unknown if published or where.
• “A Bailout by any Other Name,” 10/16/2008. Unknown if published or where.
• “A Diverse People,” 11/07/2008. Unknown if published or where.
• “Are We All Victims of a Great Ponzi Scheme?”, 01/05/2009. Unknown if published or where.
• “Battle Ground of the United States Supreme Court,” 01/19/2009. Unknown if published or where.
• “Slip Sliding Away,” 02/03/2009. Unknown if published or where.
• “The Vanishing Civil Jury Trial,” 02/06/2009. Unknown if published or where.
• “Ricci v. DeStefano; The Rest of the Story,” 08/04/2009. Unknown if published or where.
• “How Healthy is Health Care?”, September 3, 2009, unknown if published or where
• “Lawyers bad, until you need one,” publisher and date unknown.
• “Great Mentors,” The Pennsylvania Lawyer, January/February 2010
• “Lawyers: The Bane of our Existence or Guardians of Liberty,” January 7, 2010, unknown if published or where
• “Foreign Money and U.S. Elections?”, February 8, 2010, unknown if published or where
• “Open Letter to my Representative and Senator on the True Costs of Health Care,” 03/05/2010. Unknown if published or where.
• “I Read The Whole Thing!”, 3/24/2010, unknown if published or where
• “Political Moderation has died, so public discourse must change,” The Morning Call, June 18, 2010
• “The Sweetest Sound? Marcellus Shale evokes hopes of jingling pockets, but also fears of eventual destitution,” The Legal Intelligencer, August 3, 2010
• “Hastings decision twists liberals, conservatives,” The Morning Call, August 16, 2010
• “Free Speech and Religion: Strange Bedfellows,” The Legal Intelligencer, August 20, 2010
• “Your Constitutional Law Quiz: Guns, States’ Rights, Jury Trials,” The Legal Intelligencer, September 10, 2010
• “Diagnostic Errors in Medicine: The Big Problem,” September 14, 2010, unknown if published or where
• “Read the Law,” September 30, 2010, unknown if published or where
• “Ten Commandments for Government Officials,” The Legal Intelligencer, October 5, 2010
• “Tale of Two Countries,” October 21, 2010, unknown if published or where
• “What a Difference 76 Years Makes,” November 2, 2010, unknown if published or where
• “A Political Thanksgiving Prayer,” November 23, 2010, unknown if published or where
• “Adult Protective Services Act,” January 6, 2011, unknown if published or where
• “What Does Newton Have to do With Politics?”, January 10, 2011, unknown if published or where
• “Williamsport Enters the Realm of International Law,” January 11, 2011, unknown if published or where
• “Imitation as Flattery,” January 21, 2011, unknown if published or where
• “The Birth of Democracy in the Middle East,” February 2, 2011, unknown if published or where
• Letter to the business editor, Post-Gazette, February 5, 2011
• “Is the Constitution Trumped by Legislative Rules?”, February 8, 2011, unknown if published or where
• “Seesaws Need Equal Weights on Each Side,” February 23, 2011, unknown if published or where
• “Government’s Bed Fellows,” March 9, 2011, unknown if published or where
• “Less Medical Malpractice or More Hurdles to Recovery?”, March 9, 2011, unknown if published or where
• “My Trip to the White House,” March 15, 2011, unknown if published or where
• “Maybe the Tree Huggers Were Right,” March 17, 2011, unknown if published or where
• “It’s Déjà vu All Over Again,” March 28, 2011, unknown if published or where
• “The Right to Aggravate,” April 22, 2011, unknown if published or where
• “Patient Safety: Still on the Front Burner,” PA Justice News, June 2011
• “Report to the Secretary on the Acquiescence of this Government in the Murder of the Jews (January 13, 1944),” June 30, 2011, unknown if published or where
• “Superior Court Clarifies the Law on Sequestration of Witnesses,” July 5, 2011, unknown if published or where
• “Duck Soup,” August 10, 2011, unknown if published or where
• “Burial or Memorial,” August 12, 2011, unknown if published or where
• “Tipping the Scales,” August 12, 2011, unknown if published or where
• “Can a Pathologist Treat Dead People?”, The Law Reporter, August 26, 2011
• “Is Prophecy a Lost Art?”, September 6, 2011, unknown if published or where
• “The Calm Before the Storm,” September 7, 2011, unknown if published or where
• “Marcellus Shale drilling becoming an issue of safety,” Delaware County Daily Times, September 7, 2011
• “Who is Steve Moff?”, October 19, 2011, unknown if published or where
• “When Social Media Reaches Inside the Schoolhouse Door,” October 20, 2011, unknown if published or where
• “The Farmer and the Cowman Should be Friends,” November 1, 2011, unknown if published or where
• “A Literal Rite of Passage,” November 7, 2011, unknown if published or where
• “Health Information Technology and Patient Safety: Building Safer Systems for Better Care,” November 29, 2011, unknown if published or where
• “Stranger in a Strange Land,” January 9, 2012, unknown if published or where
• “Race to the Bottom,” February 9, 2012, unknown if published or where
• “Venue Wars,” February 9, 2012, unknown if published or where
• “Taking a Look at Cruise Ship Regulations,” February 10, 2012, unknown if published or where
• “My Government My Boss,” February 13, 2012, unknown if published or where
• “Have We Suffered Enough?”, February 23, 2012, unknown if published or where
• “Confessions of a Fence Sitter,” February 23, 2012, unknown if published or where
• “The New Nationalism,” February 27, 2012, unknown if published or where
• “Cut spending or Raise Taxes?”, March 26, 2012, unknown if published or where
• “Guns and the Holocaust,” March 29, 2012, unknown if published or where
• “A Father’s Pride,” May 1, 2012, unknown if published or where
• “Shall the Good Perish With the Bad?,” July 24, 2012, unknown if published or where
• “I Did It For My Country!,” August 9, 2012, unknown if published or where
• “Subsidizing Everything,” September 6, 2012, Scranton Times-Tribune
• “PROTECTING PENNSYLVANIA, A Primer on Legal Remedies with Respect to Marcellus Shale Drilling,” The Pennsylvania Lawyer, September/October 2012
• “Blowing in the Wind,” November 5, 2012, unknown if published or where
• “Guns to Protect, or Guns to Kill?,” December 20, 2012, unknown if published or where
• “Guns, missiles and culture,” Lock Haven Express, January 2, 2013
• “Taking my Name in Vein,” Lock Haven Express, January 11, 2013
• “Medicare Changes are a Comin’,” January 24, 2013, unknown if published or where
• “Lawyers: Heal thyself!” Lock Haven Express, March 11, 2013
• “Why I voted ‘no’ to more spending,” Lock Haven Express, March 20, 2013
• “ABA Sending the Wrong Message on Legal Training,” The Legal Intelligencer, April 2, 2013
• “Patient Safety Authority 2012 Annual Report to the Legislature,” May 2, 2013, unknown if published or where
• “Are we going to the dogs?” Lock Haven Express, May 16, 2013
• “Taking a Moment to Appreciate the Courts,” The Legal Intelligencer, May 28, 2013
• “Appreciating the court system,” Lock Haven Express, May 28, 2013
• “Times They are a Changing,” August 2, 2013, unknown if published or where
• “Appointment of Federal Judges,” August 20, 2013, unknown if published or where
• “Do You Know the Lyrics to the Music?”August 29, 2013, unknown if published or where
• “What is the benefit to a culture that listens to modern rap?”, Delaware Co. Daily Times, September 13, 2013
• “Patient Safety Authority Comes of Age,” September 16, 2013, unknown if published or where
• “Drug houses and solutions,” Lock Haven Express, September 17, 2013
• “An Ode to the Man from Hull,” September 26, 2013, unknown if published or where
• “Can They Both Be Right?”, October 9, 2013, unknown if published or where
• “Race and Politics,” November 13, 2013, unknown if published or where
• “Merit selection is long overdue,” The Doylestown Intelligencer, November 14, 2013
• “Civil rights on the animal farm,” Lock Haven Express, January 3, 2014
• “Important Change in the Law for Physicians,” February 14, 2014, unknown if published or where
• “Super Bowl Heroism,” February 18, 2014, unknown if published or where
• “The American Law Institute Restatement Third Grinds Out Yet More Proposals,” PAJustice News, March 2014
• “Let’s Make a Deal,” March 5, 2014, unknown if published or where
• “The right to buy politicians,” Lock Haven Express, April 7, 2014
• “A Glimmer of Hope for Employee Rights,” April 25, 2014, unknown if published or where
• “The Affordable Care Act and the Collateral Source Rule in Pennsylvania,” PAJ Members’ News Brief, May 20, 2014
• “Humanitarian aid to terrorists,” Lock Haven Express, July 24, 2014
• “Good Terrorists v. Bad Terrorists,” September 12, 2014, unknown if published or where
• “A Woman of Accomplishment,” October 23, 2014, unknown if published or where
• “Malcolm Muir; The Movie,” October 23, 2014, unknown if published or where
• “Thus spoke the Pa. Supreme Court,” Lock Haven Express, November 24, 2014
• “Debate on American healthcare,” Lock Haven Express, January 5, 2015
• “Apologies for terrorists,” Lock Haven Express, January 10, 2015
• “Netanyahu: The aftermath,” Lock Haven Express, March 31, 2015
• “Political correction or good manners?” Lock Haven Express, August 20, 2015
• “Iran and & ‘The Bomb,’” Lock Haven Express, September 14, 2015
• “Teaching hatred,” Lock Haven Express, November 4, 2015
• “Police chases and the constitution,” Lock Haven Express, December 30, 2015
• “The passage of Justice Scalia,” Lock Haven Express, February 20, 2016
• “The enemy is us,” Lock Haven Express, March 8, 2016
• “Missed opportunity”? Lock Haven Express, March 25, 2016
• “Who is the lesser evil?” Lock Haven Express, May 14, 2016
• “Gun control versus ISIS control?” Lock Haven Express, June 21, 2016
• “Hypocrisy at the Olympic Games,” Lock Haven Express, August 19, 2016
• “The Passing of Tom Raup,” Lock Haven Express, September 8, 2016
• “Medical Device Pre-emption: How Far Does it go?” Pennsylvania Law Weekly, September, 13, 2016
• “Technology and the rule of law,” Lock Haven Express, September 26, 2016
• Letter to the Editor: “Why great empires fall,” The Reporter, October 2016
• “Shabbat: Antique or Advanced?” October 13, 2016, unknown if published or where
• “Governor of Pennsylvania signs anti-BDS bill into law,” The Times of Israel, November 6, 2016
• “The downfall of privacy,” Lock Haven Express, November 7, 2016
• “Times they are a changin’ in U.S.,” The Daily Item, November 11, 2016
• “The times, they are a changin,’” Lock Haven Express, November 30, 2016
• “Fretting over the Chinese,” Lock Haven Express, December 12, 2016
• “Russians under the bed,” Lock Haven Express, December 30, 2016
• “The Unspoken Tragedy of History,” January 3, 2017, unknown if published or where
• “Can the President be a bigot?” Lock Haven Express, January 11, 2017
• “A shot in the foot,” Lock Haven Express, February 24, 2017
• “ Déjà vu All Over Again,” March 28, 2017, unknown if published or where
• “Majority rules,” Lock Haven Express, April 11, 2017
• “Patient safety in Pennsylvania,” The Daily Item, April 28, 2017
• “Clash of Titanic Egos: Comey v. Trump,” June 9, 2017, unknown if published or where
• “The Paris deal,” Lock Haven Express, June 9, 2017
• “Another Take On The Menorah,” June 23, 2017; unknown if published or where
• “Patient power,” The Daily Item, July 2, 2017
• “More Healthcare recovery Hurdles,” July 6, 2017; unknown if published or where
• “Money in Healthcare,” July 11, 2017; unknown if published or where
• “Shomron and Beyond,” August 17. 2017; unknown if published or where
• “Pro-Israel and Anti-Semitic at the Same Time?,” August 23, 2017; unknown if published or where
• “Government competing with the private sector,” The Express, September 27, 2017
• “Jerusalem: The Eternal City,” Facts on Israel, November 2017
• “Where There is Smoke, Is There Always Fire?,” November 21, 2017; unknown if published or where
• “Is There a Right to Disrupt School Board Meetings?”, December 13, 2017; unknown if published or where
• “Opinion: President Trump’s Jerusalem Move Isn’t Necessarily a Bad One,” The Legal Intelligencer, December 27, 2017
• “Gal Gadot: Super woman or Super Jew?”, January 16, 2018; unknown if published or where
• “Gerrymandered elections: Who has the right to decide?,” The Express, February 16, 2018
• “A Remarkable Life,” February 20, 2018; unknown if published or where
• “Is it time to amend the Constitution of the United States?”, The Express, February 21, 2018
• In the Wake of Another Mass Shooting, Is It time to Amend the Constitution?”, The Legal Intelligencer, March 1, 2018
• “The Internal Revenue Service Can Help to Prevent Terrorism,” By Leonard Getz and Clifford Rieders, Facts on Israel, November 2017; The Express, March 29, 2018
• “From Memorials to Independence,” April 11, 2018; unknown if published or where
• “Separation of Powers,” May 9, 2018; unknown if published or where
• “War as Propaganda,” May 16, 2018; unknown if published or where
• “Does the Supreme Court Unwittingly Protect Terrorist Organizations?”, The Legal Intelligencer, May 31, 2018
• “Free Exercise or Due Process?” June 2018; unknown if published or where
• “Whose Rights are Violated?”, June 2018, unknown if published or where
• “Dancing with the Devil”, June 2018, unknown if published or where
• “Is Telling the Truth Good for Patient Safety? Will it Reduce Errors?”, The Legal Intelligencer, July 19, 2018
• “Anonymity: Good or Bad for the People?”, September 2018, unknown if published or where
• “Chabad Making a Difference”, The Blogs, September 26, 2018
• “Secrets of Life”, October 2018, unknown if published or where
• “Reckless Cop Outruns the Law”, October 2018, unknown if published or where
• “Vote ‘No’ on ‘Home Rule’”, October 2018, unknown if published or where
• “Strong Mayor? Weak Mayor? Which is Best for the City of Williamsport?”, October 2018, unknown if published or where
• “Hannukkah: The Culture Wars” December 2018, unknown if published or where
• “How the IRS can rein in radical Islam and anti-Israel propaganda courses at universities”, co-authored, com, January 18, 2019.
• “Just be Yourself”, February 2019, unknown if published or where
• “What the Boeing 737 Max * Says About America”, March 2019, unknown of published or where
• “Religion versus Gay Rights: What do the Courts Have to Say?”, May 2019, unknown if published or where
• “Keep Democracy Alive!”, May 2019, unknown if published or where
• “Kosik’s Great Integrity”, The Times-Tribune, June 22, 2019
• “The Jewish Dilemma, Or Not?”, July 2019, unknown of published or where
• “How Should Donald Trump’s Bigotry be Treated by the Jewish Community?”, The Algemeiner, July 18, 2019
• “Barring Troublemakers From Our Shores”, August 2019, unknown if published of where
• “Look Who Thinks He is King of the Jews”, August 2019, unknown if published or where
• “Amazon Gets Bitten – Third Circuit Tackles Internet Giant’s ‘Seller’ Status”, The Legal Intelligencer, August 22, 2019
• “Citizenship by Birth”, Pa Justice News, Spring 2019.
• “The Brave New World of Arbitration”, Pa Justice News, Summer 2019
• “Cross or Crossroads? High Court Addresses Establishment Clause Violation”, The Legal Intelligencer, September 5, 2019
• “‘Pellegrino’ Revisted: TSOs Are Officers of the US, Third Circ. Rules”, Pennsylvania Law Weekly, October 8, 2019.
• “Celebrating Richard Wagner, the Anti-Semite”, October 2019, unknown if published or where
• “What’s New?” October 2019, unknown if published or where.
• “Trump and Netanyahu: Two Embattled Leaders”, American Thinker, November 23, 2019
• “Certificates of Merit and Vicarious Liability Claims”, Pennsylvania Law Weekly, December 10, 2019
• “Are Doctors Protected From Giving Their Opinions?”, The Legal Intelligencer, December 19, 2019
• “From Fantasy to Reality”, December 31, 2019, unknown if published or where
• “When the Loyal Opposition is not so Loyal”, January 6, 2020, unknown if published or where
• “The Jewish Community as a Political Football”, The Algemeiner, January 3, 2020
• “Hyperlink Hype?: Judge Rejects Uber’s Bid to Arbitrate”, The Legal Intelligencer, January 16, 2020
• “Thank You Left-Wing Americans”, The Jewish Voice, March 4, 2020
• “Immigration Case Sparks Talmudic Discourse in the Federal Courts”, The Legal Intelligencer, March 26, 2020
• “Celebrating Passover Amid Coronavirus – and Changing for the Better”, The Algemeiner, April 13, 2020
• “What We Can Learn From COVID-19: ‘Things’ Don’t Always Make Us Happy”, The Algemeiner, May 1, 2020
• “The Limits of Police Power in Pennsylvania”, Pennsylvania Law Weekly, June 9, 2020
• “Practitioners Take note: Don’t Get Bitten by the Federal Tort Claims Act”, Pennsylvania Law Weekly, July 21, 2020
• “Separation of Powers—or Is It Delegation of Powers—Is Alive and Well”, Pennsylvania Law Weekly, August 25, 2020
• “Paving the way to hell”, The Express, August 28, 2020
• “Shame and pride”, The Express, September 22, 2020
• “Haunting Decisions”, PA Justice News, Fall 2020
• “Finding Joy in Difficult Times”, October 19, 2020, The Algemeiner
• “Desperate times and Desperate Measures”, October 28, 2020, unknown if published or where
• “Do we still live in a Democracy?”, November 5, 2020, The Express

Sample Quotations In the Press

Quoted in article “In Pa., first lady defends stem-cell ban,”The Philadelphia Inquirer, http://www.philly.com, A12, August 10, 2004.

Quoted in article, “Judge Lifts Veil of Secrecy on Malpractice Settlement,” The Morning Call, September 30, 2004.

Quoted in article, “Judge: Malpractice Settlement Terms Can’t be Held From Public,”Williamsport Sun-Gazette, Friday, October 1, 2004.

Quoted in article, “Patient Safety Improving, But More Work Needed,”Pittsburgh Post-Gazette, Tuesday, November 16, 2004.

Quoted in article “Medical lawsuits decline steeply,”The Patriot-News, April 12, 2005.

Quoted in article “Patient Safety Authority data emerges,”Physicians News Digest, June 2005.

Williamsport Sun-Gazette, October 15, 2004, Judge Muir Tribute, in which article I was quoted and which event I organized on the occasion of Judge Muir’s 90th birthday and 35 years on the bench.

Quoted in article “Officials looking for answers – Explanation of Blue Cross $405 million surplus sought,”Williamsport Sun-Gazette, January 11, 2005.

Quoted in article “Patient Safety Authority Data Emerges,”Physician’s News Digest, June 2005.

Quoted in article “Attorneys: Reference Immunity Bill Won’t Liberate Employers,”Pennsylvania Law Weekly, Monday, July 4, 2005.

Quoted in article, “State groups want moderate Supreme Court justice nominee – Local attorney among conference call panelists,”Williamsport Sun Gazette, Friday, July 15, 2005.

Quoted in article, “Voluntary medical-errors bill criticized,”The Philadelphia Inquirer, Friday, July 29, 2005.

Quoted in article, “Evolution Trial in Hands of Willing Judge,”The New York Times, Sunday, December 28, 2005.

Quoted in article, “Sparring Over Retirees’ Standing – Lawsuits over health benefits stem from alleged broken promises,”Pennsylvania Law Weekly, Monday, August 14, 2006.

Quoted in article, “Fishing for a Standard – Proposal draws five for permissive standard on pre-complaint discovery,”Pennsylvania Law Weekly, April 30, 2007.

Quoted in article, “A Reasonable Requirement – Thrifty fee demand is implicit condition of divorce agreements,”Pennsylvania Law Weekly, May 28, 2007.

Quoted in article, “Plaintiff’s Path to Complaint May Be Eased by New Rule,”Pennsylvania Law Weekly, October 8, 2007

Quoted in article, “Frivolous lawsuits legislation questioned,” Williamsport Sun-Gazette, November 1, 2007

Quoted in article, “The State of Israel at 60: A Williamsport Perspective,”Webb Weekly, May 14, 2008

Quoted in article, “Reconsidering Strict Liability,”Pennsylvania Law Weekly, December 8, 2008

Quoted in article, “Justices Decline Decision on Third Restatement of Torts,”Pennsylvania Law Weekly, June 22, 2009

Quoted in article, “Hospitals’ mistakes are going unreported,”Philadelphia Inquirer, September 12, 2008

Quoted in article, “State bar delays call for constitutional reform,”Philadelphia Inquirer, October 20, 2009

Quoted in article, “Pa. Bar Association Votes to Keep Constitution Review In-House,”The Legal Intelligencer, October 20, 2009

Quoted in article, “No push for constitutional commission,”Philadelphia Inquirer, October 20, 2009

Quoted in article, “City attorney backs commission to amend state’s Constitution,”Williamsport Sun-Gazette, October 22, 2009

Quoted in article, “Lawyers’ vote on Pa. Constitution shows splits,”The Philadelphia Inquirer, October 25, 2009

Quoted in article, “PBA Keeps Constitutional Review In-House,”Pennsylvania Law Weekly, date unknown, 2009.

Quoted in article, “State’s malpractice data offer ammo for both sides,”The Patriot News, March 9, 2010

Quoted in article, “Health Care Overhaul,”Centre Daily Times, March 15, 2010

Quoted in article, “‘Complete regulatory collapse’: Why complaints about abortion doctor went nowhere,”The Philadelphia Inquirer, March 21, 2011

Quoted in article, “Vacant Bench,”Williamsport Sun-Gazette, February 19, 2012

Quoted in article, “Restatement Fight Is Making Pa. Products Law Unpredictable,”The Legal Intelligencer, August 14, 2012

Quoted in article, “Federal Pre-emption, Direct Consumer Contact Next Frontier in Pharma Law,”The Legal Intelligencer, September 4, 2012

Quoted in article, “Is Pa. Being Forced to Decide Restatement Issue?”, The Legal Intelligencer, October 23, 2012

Quoted in article, “Product Makers Stand To Profit From Pa. Tort Law Change,”Law 360, March 28, 2013

Quoted in article, “Gay marriage raises questions about legal rights, constitution,”Williamsport Sun-Gazette, April 6, 2013

“On the Merits: Wal-Mart Stores, Inc. v. Michelle Braun, et al.,”Washington Legal Foundation, May 8, 2013

Quoted in article, “Lawyers: 19 Sandusky victims settle with PSU,”Williamsport Sun Gazette, October 9, 2013

Quoted in article, “Parking Problem – Businessmen offer parking deck alternative,”Williamsport Sun Gazette, October 17, 2013

Quoted in article, “Penn State to Pay Nearly $60 Million to 26 Abuse Victims,”The New York Times, October 29, 2013

Quoted in article, “Bipartisan duo calls for appointing – not electing – state judges,”Times Online, November 12, 2013

“Plaintiff’s Attys Group Wants Rehearing In Pa. Tort Law Case,”Law360, December 2, 2013

Quoted in article, “‘Why take the chance?’, Legal opinions sought for Team Williamsport,”Williamsport Sun Gazette, May 1, 2014

Quoted in article “Blue and You”, Williamsport Sun Gazette, September 27, 2015.

Quoted in article, “Latest ‘Tincher’ Decision Factors into Anticipated Appellate Case”, The Legal Intelligencer, August 5, 2016.

Quoted in article, “Defense Bar, Industry Push Back Against New Jury Charges”, The Legal Intelligencer, August 15, 2016.

Quoted in article “Peer-Review Privilege Narrowing as Health Care Changes”, Pennsylvania Law Weekly, January 12, 2016.

Quoted in article, “Community leaders disagree with Coroner’s Proclamation”, Williamsport Sun Gazette, March 31, 2016.

Quoted in article, “Latest ‘Tincher’ Decision Factors into Anticipated Appellate Case”, The Legal Intelligencer, Unknown date.

Quoted in article, “Judge Clinton W. Smith, 1933-2016; A champion of the law,”Williamsport Sun-Gazette, January 6, 2017.

Quoted in article, “Is Pa. Still the Keystone State for Products Liability Litigation?,”Pennsylvania Law Weekly, January 10, 2017.

Quoted in article, “Defense Bar Sees Jury Instructions Win in Latest Post-’Tincher’ Ruling,”Pennsylvania Law Weekly, January 24, 2017.

Quoted in article, “Constables appeal after their alleged sidelining by sheriff,”Williamsport Sun-Gazette, June 2, 2017.

Quoted in article, “Pa. Superior Court Adds to Debate Over Jury Instructions in Wake of ‘Tincher’,”The Legal Intelligencer, March 1, 2018.

Quoted in article, “Local attorney stood up for the underdog,” Williamsport Sun-Gazette, January 17, 2018.

Quoted in article, “But seriously, folks, Donald Trump is one funny politician”, NJ.com, September 11, 2018.

Quoted in article, “The ever-changing landscape of informed consent and whether the obligation to explain a procedure to the patient may be delegated”, Arkansas Law Review, Volume 71, Number 3, 2019

Quoted in article, “Is the deck stacked against patients? Fight over medical malpractice lawsuits returns to Pa. PennLive.com, January 2019.

Quoted in article, “Candid Camera Talk”, Williamsport Sun-Gazette, February 17, 2019.

Quoted in article, “Group holding essay contest on Holocaust”, Williamsport Sun-Gazette, March 10, 2019.

Quoted in article, “How Pa. High Court Ruling Makes Life Easier for Corporate Clients,”Law360, July 1, 2019

Quoted in article, “Amish communities speak out against proposed ordinance”, Williamsport Sun-Gazette, August 6, 2019

Quoted in article, “Horses lead the way to a less peaceful coexistence in Amish country”, The Washington Post, November 16, 2019

Quoted in article, “US Judge, Weighing ‘Tincher,’ Green-Lights Strict Liability Claims Against Med Device Maker”, The Legal Intelligencer, January 21, 2020

Quoted in article, “Two former mayors denied permits to Nazi sympathizers”, Williamsport Sun-Gazette, March 22, 2020

Quoted in article, “Attorneys react to dispute between governor, legislators”, Williamsport Sun-Gazette, June 12, 2020

Quoted in article, “Attorneys weigh in on dispute Williamsport Sun-Gazette, June 13-14, 2020

Editor:

Personal Injury Law Reporter, Pennsylvania Trial Lawyers Association, 1988-1996

Full Length Books:

Workers’ Rights in Pennsylvania — A Guide for Lawyers Who Represent Workers and Businesses Who Employ Them, copyright 1997, full length treatise

Workers’ Rights in Pennsylvania – 2nd Edition – 2002

Pennsylvania Medical Malpractice — Law and Forms, 1st Edition 1997

Pennsylvania Medical Malpractice — Law and Forms, Revised 1st Edition, Second Revision – Total revision of text and fully written treatise

Pennsylvania Medical Malpractice – Law and Forms, Revised 1st Edition, Third Revision – Total rewrite of text and additional materials.

Pennsylvania Medical Malpractice – Law and Forms, 3rd Edition – total rewrite of text and additional materials – 2002

Pennsylvania Medical Malpractice: Law & Forms, 2003 Revision

Pennsylvania Medical Malpractice: Law & Forms, 2004 Revision

Pennsylvania Medical Malpractice: Law & Forms, 2005 Revision.

Workers’ Rights in Pennsylvania, Fourth Edition, November 2007

Pennsylvania Medical Malpractice: Law & Forms, 2008 edition, published by the Pennsylvania Association for Justice, formerly the Pennsylvania Trial Lawyers Association

Pennsylvania Medical Malpractice: Law & Forms, 2010 edition, published by the Pennsylvania Association for Justice, formerly the Pennsylvania Trial Lawyers Association

Bad Faith Claims in Pennsylvania, 2009

Financial Responsibility Law Issues in Pennsylvania, 2009

Legal Malpractice Claims in Pennsylvania, 2009

Attorney’s Fees, Statutes & Law in Pennsylvania, 2009

Workers’ Rights in Pennsylvania, Fifth Edition, Published June 2010

Pennsylvania Medical Malpractice Law & Forms, 2013 Update

Workers’ Rights in Pennsylvania, 2013 Supplement

Pennsylvania Medical Malpractice Law & Forms, 2017 Update

Life and Law in the Commonwealth 1684-2017, edited by John J. Hare, Chapter 18: “Clash of Titans: The Supreme Court and Product Liability 285,” Clifford A. Rieders and Pamela L. Shipman. The Pennsylvania State University Press, University Park, Pennsylvania. Copyright 2018, The Pennsylvania State University.

Employment:

Clifford Interiors Inc., prior to 1966, worked part-time during summers in family business.

New York Metropolitan Regional Counsel, summer intern, 1968.

Rothblatt, Rothblatt, Seijas & Peskin, summer intern, 1968-1970, part-time during school.

United States Department of Commerce, Maritime Administration, law clerk, 1971, summer intern.

Frosh, Lane & Edson, Connecticut Avenue, Washington, DC law firm, summer intern and during school year, part-time.

Rothblatt, Rothblatt, Seijas & Peskin as clerk during Henry Rothblatt’s representation of “four Miami men” who broke into the Watergate complex in 1972.

United States District Court Judge Malcolm Muir, Junior Law Clerk, 1974, Senior Law Clerk, 1975.

Stuart, Murphy, Hager & Smith, associate and later partner in firm, which currently bears my name, 1975 to present.

Managing Partner, Rieders, Travis, Mussina, Humphrey & Harris

Managing Partner, Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt

Managing Partner, Rieders, Travis, Humphrey, Harris, Waters, Waffenschmidt & Dohrmann

Managing Partner, Rieders, Travis, Dohrmann, Mowrey, Humphrey & Waters

Arbitrator:

Arbitrator in Lycoming County Court cases.

Expert Witness:

I have served once as an expert witness where I testified live in a legal malpractice case, and another time where I wrote an expert report. I may have written another expert report and served as an expert in automobile, bad faith cases once or twice.

Amicus Work:

American Trial Lawyers Association

Attorney for Amici Curiae and counsel of record in Richard v. United States of America, 99-731, U.S. Supreme Court on Petition for Writ of Certiorari to United States Court of Appeals for the Third Circuit, Brief of the Association of Trial Lawyers of America and Pennsylvania Trial Lawyers Association as Amici Curiae in support of the Petitioners. While driving home in his personal vehicle, an army private was broad sided by a five-ton military fuel truck, killing his instantly. The accident took place within the confines of an army base. The Court said that the so-called Feres Doctrine precludes the matter under the Federal Tort Claim’s Act. That Doctrine was challenged.

Common Cause of Pennsylvania

Bartholomew v. Foster, 115 Pa. Cmwlth. 430, 541 A.2d 393 (1988). Automobile insurance rates based in part on the gender of the individual driver, as authorized by the Casualty Surety Rate Regulatory Act, violate the Equal Rights Amendment even though the rates are actuarially sound.

Pennsylvania Bar Association

Westmoreland County v. Rodgers, et al., Superior Court of Pennsylvania, No. 00507 (Pittsburgh, 1996), Amicus Curiae Brief for the Pennsylvania Bar Association

W.L. Rodgers v. Grandinetti, et al., Amicus Curiae Brief for the Pennsylvania Bar Association, Docket No. 1436 C.D. 1999

David Martin, Individually, and as Executor of the Estate of Kerry Jill Martin, and Bruce M. Kaufmann, M.D., Plaintiffs, vs. Medical Professional Liability Catastrophe Loss Fund, Commonwealth Court of Pennsylvania, Amicus Brief in Opposition to Medical Professional Liability Catastrophe Loss Fund’s Preliminary Objections

U.S. v. LSNY, United States Court of Appeals for the D.C. Circuit. Question of confidentiality of records between Legal Services client and Legal Services agency

Westmoreland County v. RTA Group, Inc., 767 A.2d 1144 (Pa. Cmwlth. 2001). Brief written and argued by Joseph P. O’Brien, Media, for amicus curiae, Pennsylvania Bar Association

New York State Bar Association v. Federal Trade Commission, Civil Case No. 1:02-CV-00810 (RBW), United States District Court for the District of Columbia. Represented Pennsylvania Bar Association in connection with the Federal Trade Commission’s attempt to apply the privacy provisions of the Gramm-Leach-Bliley Act to the members of the Pennsylvania Bar Association and to the relationship between its members and their clients.

Pennsylvania Trial Lawyers Association, now Pennsylvania Association for Justice

Phillips v. Cricket Lighters, 841 A.2d 1000 (Pa. 2003). Amicus curiae for Shirley and John Hittle. This was an appeal by allowance. The court found that a child was not an intended user of a butane lighter, and therefore no products liability claim could be brought, but the decision did reaffirm the definition of defective product in Pennsylvania and indicated that a negligence action could be brought. The case was remanded to the Superior Court, which ultimately found that per negligence action the child was an intended user and that punitive damages may be brought. The case was ultimately settled.

Sallylee Nestor v. Hospital of the University of Pennsylvania, Supreme Court of Pennsylvania, E.D. Appeal Docket 1998, Brief for Amicus Curiae, Pennsylvania Trial Lawyers Association, Counsel for Pennsylvania Trial Lawyers Association

Amicus work in Theron Patton and Mary Patton, h/w v. Liberty Mutual Insurance Co.; Atcor, Inc.; and State Farm Mutual Automobile Insurance Co., United States Court of Appeals for the Third Circuit, 89-1369 and 89-1370, 1989.

U.S. v. LSNY, United States Court of Appeals for the D.C. Circuit. Question of confidentiality of records between Legal Services client and Legal Services agency.

Hope D. DeSantis v. Frick Company, Supreme Court of PA No. 54WAP 2000. Questioned whether Restatement 3d Torts pertaining to post-sale duty to warn should be recognized

Florence Ferencz v. Robert J. Milie, Supreme Court of Pennsylvania No. 31 Western District Appeal Docket 1987. Questions presented: whether in a legal malpractice case causation should be based upon the “substantial factor” test as opposed to a “but for” standard. Whether in a legal malpractice case a breach of duty occurs where a lawyer increases the risk of harm to a client by failing to file an action within the period prescribed by the statute of limitations.

John Azpell, Appellant, v. Old Republic Insurance Company, Appellee, brief of Amicus Curiae, Pennsylvania Trial Lawyers Association in support of Appellant John Azpell. In the Supreme Court of Pennsylvania, Eastern District No. 131, Eastern District Appeal Docket 1989. I wrote the brief. Question Presented: whether a court may vacate an award of arbitrators, in a statutory arbitration case, based upon a finding that the award itself, without reference to an insurance policy clause, is against public policy. Whether the decision of the court in Lewis v. School District of Philadelphia, 516 Pa. 461 (538 A.2d 862 (1988)) bars plaintiff’s claim against Old Republic Insurance for uninsured motorist coverage under subchapter C of the Motor Vehicle Financial Responsibility Law, 75 Pa. C.S. § 1701, et seq.

Jeffrey Bobst, Appellant, v. Commonwealth of Pennsylvania, Department of Transportation, Appellee, Commonwealth Court of Pennsylvania, brief of Amicus Curiae, Pennsylvania Trial Lawyers Association in support of Appellant, Jeffrey Bobst, Clifford A. Rieders on the brief. Question Presented: whether the trial court’s reliance and extension of Crowell is timely. Whether the trial court’s extension of Crowell would abolish and deem obsolete the Comparative Negligence Act as it applies to government agencies, which is clearly contrary to the legislative intent by the Sovereign Immunities Act and the Corporate Negligence Act. Whether the holding in Crowell, assuming its applicability, requires third party joint tortfeasor liability together with the government agency, a crucial fact which is blatantly absent from the case at hand. Whether the mere language of the holding in Crowell makes it distinguishable, i.e., plaintiffs can never be joint tortfeasors with defendants on themselves.

Stecher v. Ford Motor Company, 812 A.2d 533 (Pa. 2002). Issue concerning burden of apportionment of damages with regard to crashworthiness case. Supreme Court ultimately decided that it had improvidently granted jurisdiction.

Hospital of the University of Pennsylvania and Edward Vresilovic, M.D. vs. Melanie Perry-Makowski, Appeal from Order of Court of Common Pleas, 00-00866 per Hon. Mark I. Bernstein dated May 1, 2002. Our Amicus Brief took the position that the doctor must answer questions concerning ex parte contact with defense counsel so the court could determine whether there was any inappropriate behavior.

Henry McNeil, Jr. v. Barbara McNeil Jordan, et al., Supreme Court of Pennsylvania No. 268 MAP 2003. Drafted Brief of Amicus Curiae, Pennsylvania Trial Lawyers Association on grant of Petitioner/Appellant’s Petition for Allowance of Appeal, entered 25th day of November 2003, from an Opinion and Order in the Superior Court of Pennsylvania filed December 20, 2003, affirming the Court of Common Pleas of Montgomery County, 8th day of January 2002.

Henry McNeil, Jr. v. Barbara McNeil Jordan, et al., 894 A.2d 1260 (Pa. 2006). Case involved extent of pre-complaint discovery in Pennsylvania and sets forth the new rule as to when, under writ of summons, without complaint, the plaintiff may conduct discovery. The court ruled that the addition of the requirement that plaintiff must show probable cause to believe that pre-complaint discovery is necessary to the formation of a legally sufficient complaint is consistent with prior Pennsylvania case law and the applicable procedural rules. In seeking pre-complaint discovery, the moving party can set forth probable cause that, based on facts known to him, the evidence sought prior to the filing of a complaint will support a cognizable cause of action pursuant to existing or development Pennsylvania law. A litigant should be required to demonstrate his good faith as well as probable cause in order to obtain pre-complaint discovery, and that the information sought is both material and necessary to the filing of a complaint in a pending action. A plaintiff should describe with reasonable detail the material sought, and state with particularity probable cause for believing the information will materially advance his pleading, as well as averring that, but for the discovery request, he will be unable to formulate a legally sufficient pleading. Justice Saylor, in his concurring opinion, footnote 1, specifically referred to the position of the Pennsylvania Trial Lawyers Association as “thoughtful.”

Beverly Wexler v. Paul J. Hecht, M.D., Supreme Court of Pennsylvania No. 29 EAP 2005. Drafted Brief of Amicus Curiae, Pennsylvania Trial lawyers Association, from the Judgment of the Superior Court of Pennsylvania (No. 175 EDA 2003) dated April 5, 2004, affirming the judgment and Order of the Court of Common Pleas of Philadelphia County Granting Respondent’s Motion for Summary Judgment upon Plaintiff’s failure to have a competent expert to testify as to the Defendant’s negligence. (Docket No. 9911-0477) dated December 18, 2002.

Bugosh v. I.U. North America, Inc., 601 Pa. 277, 971 A.2d 1228 (Pa. S. Ct. 2009). The Supreme Court was to hear the question as to whether, in a product liability action in Pennsylvania, Section 402A of the 2nd Restatement of Torts should be disregarded and instead Section 2 of the 3rd Restatement of Torts Products Liability adopted. Respondent took the position that the matter was improvidently granted because in the asbestos case, at issue, the party against whom a verdict was entered was a seller. The Court totally agreed with the position of Respondents, thus dismissing the matter as improvidently granted, however, a lengthy academic dissenting opinion was filed by Mr. Justice Saylor. This opinion and speculation about it has been the subject of numerous seminars and writings.

Wayne M. Chiurazzi Law Inc. V. MRO Corporation, 626 Pa. 303, 97 A. 3d 275 (Pa. Supreme Court), June 16, 2014. Summarized by Lexis Advanced, “In a suit brought by attorneys and other medical record requestors against a medical records reproduction company, the Court held that the legislative scheme in the Medical Records Act, 42 Pa. C.S. §§ 6151-6160, established that the expenses chargeable for medical records are the reproducer’s actual and reasonable expenses, but subject to a statutory cap. As a result, the trial court did not err in denying the company’s preliminary objections on grounds that it was limited to charging its actual and reasonable expenses of reproduction rather than the maximum statutory rate”.

Tincher v. Omega Flex, Inc., 104 A. 3d 328 (Pa. Supreme Court 2014). Summarized from Lexis Advanced “Because attempting to insulate juries from negligence concepts in strict products liability cases failed to reflect practical realities and did not sufficiently allow for the common law to develop incrementally, the court overruled Azarello v. Black Brothers Company, 391 A. 2d 1020 (Pa. 1978). To avoid articulating common law principles in overly limited terms, the court declined to adopt the formulation of the strict products liability cause of action set forth in the Third Restatement of Torts. A composite standard was adopted requiring proof, in the alternative, either of the ordinary consumer’s expectations or of the risk-utility of a product to establish that the product was in a defective condition, which usually was a question of fact for the jury. Accordingly, a remand was appropriate to determine whether a manufacturer was entitled to post-trial relief”.

Martinez v. American Honda, Superior Court No. 445 EDA 2015. Summarized from Lexis Advanced “In support of its judgment in favor of a driver, the common pleas court held that it did not err in admitting pursuant to Pa. R. Evid. 407 evidence of a post-manufacture design and design changes because the evidence was admissible due to its relevancy, Pa. R. Evid. 401 and 402. The case centered around a crashworthiness and design defect claim, and evidence of alternative, practicable seat belts was relevant. The common pleas court did not err in denying a manufacturer’s request for remittitur because the verdict should not have been disturbed. The driver was rendered a paraplegic as a result of the accident, and the jury credited his evidence that his future care would cost $14,605,393 and his lost earnings amounted to the sum of $720, 321. The verdict for non-economic damages and loss of consortium was consistent with the facts and testimony”.

American Honda Motor Co., Inc. v. Carlos Martinez, No. 445 EDA 2015 (Pa. Super. April 19, 2017) Dubow, J. “After the jury returned a verdict in favor of Appellees, and against Appellant, but before the trial court ruled on Honda’s Post-Trial Motion, the Pennsylvania Supreme Court issued its decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), which overruled a dispositive products liability case. Therefore, the issues in the Post-Trial Motion and on appeal deal with whether the holding in Tincher negatively impacted the trial court’s jury instructions and evidentiary rulings. We find that the trial court, even in light of TincherTincher v. Omega Flex, Inc., we were called upon to argue how that case impacted Martinez.

Women’s Law Project, Philadelphia

Zionist Organization of America

Of counsel in the case of Odenheimer v. Powell, a case involving registration of America’s holding dual passports with Israel with respect to their place of birth.

Elected to the National Board, May 2014

Fall 2016 – Article published by ZOA – profile of my life and work

February 19, 2018 – Article published by ZOA – “ZOA Board Member Op-Ed on UNRWA”

Recipient of the Defender of Israel Award September 24, 2019.

Legislation Drafted and Commentary on Legislation:

Insurance Fraud Protection Act, 1995, Commentary

Workers’ Compensation, Review of Proposed Legislation

Health Care Reform, Review of Proposed Legislation

Medical Records Copying, Review of Proposed Legislation

Political Subdivision Tort Claims Act

Drafted legislation to reverse Moser v. Heistand, 681 A.2d 1324 (Pa. 1996), wherein the court held that the Political Subdivision Tort Claims Act precludes a cause of action based on corporate liability against Commonwealth medical facilities.

Mandatory Injunctions

Drafted a bill to permit the courts in the Commonwealth of Pennsylvania to issue mandatory injunctions either in the verdict or settlement context or show compliance with standards of public safety. For example, in a medical malpractice case, upon a case being settled, the court (after due notice of an opportunity to be heard) could require a hospital to hire an evaluator to implement certain protocol.

General Assembly of Pennsylvania, Senate Bill 1025, Session of 1999, Printers No. 1315, referred to judiciary committee September 15, 1999

Amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, further providing for health information, for consumer protections, for arbitration and settlement provisions, for interest on certain judgments and for certain rights of physicians and patients; abolishing economic loss doctrine in certain actions involving computers; providing for duties and defenses of accountants, for workplace safety and toxic-free workplace actions, for limitations on protective orders and settlement provisions, for whistleblowers protections and for employee termination; adding exceptions to sovereign and governmental immunity; abolishing the defense of high public official immunity in certain cases; authorizing citizens’ suits through the use of private attorney general actions in certain cases; and repealing certain Acts.

Bad faith actions with respect to activities of the Pennsylvania Catastrophe Loss Fund

Amending Title 40 (insurance) of the Pennsylvania Consolidated Statutes, providing for set minimum amounts of medical malpractice insurance coverage for medical providers in the Commonwealth of Pennsylvania and providing for Catastrophe Loss Fund to protect consumers of medical services from losses occasioned in excess of the minimum amount set by statute. The purpose of the Bill is to provide a definition and remedy for bad faith abuses under this Article. Drafted February, 2000.

Legislation dealing with drug testing and drug screening

Drafted legislation dealing with drug testing and drug screening of employees, students and others, providing certain remedies for negligent handling by laboratories.

Physicians’ Bill of Rights

Drafted 1999. The purpose of this Act is to assure that physicians are increasingly becoming a commercial commodity are able to treat patients in a manner which provides the best medicine consistent with the interests of the patient and third parties. Providing certain remedies with respect to records and testimony, financial disclosure, right to counsel, cause termination, covenants not to compete, denial of privileges, right to refer, diagnostics, payment system, peer review, attorneys’ fees and costs.

Good Cause upon Employee Termination

Many employees in Pennsylvania are terminated without any reason given whatsoever. In some cases termination is fair, and in others it is not. The purpose of this legislation is to require that good cause exist to justify an employment termination. The purpose of this Act is to stabilize the work force, to give a reasonable comfort level to employees, and to ensure employers flexibility.

Supervisory Negligence Bill

Amending the Political Subdivision Tort Claims Act and the Commonwealth equivalent in Pennsylvania, causing government entities to be liable for failure to supervise employees.

Sovereign Immunity with Respect to Real Property

Correcting certain court decisions and reinstating the common law. “Liability for negligence pertaining to real estate shall be decided according to common law principles, and a defect in the condition of the land itself shall not be required.” The purpose of this Bill was to clarify the Mascaro decision. I drafted a bill to comply with the original intent of the Tort Claims Act as enunciated in the legislative history, which was to make the Commonwealth liable in the same manner that other landowners are held liable.

Pennsylvania Chancery Court and Chancery Court Amendments

I drafted lengthy commentary and essays on the proposed Pennsylvania Chancery Court and Chancery Court Amendments, eventually winning over both the Chamber of Commerce and Labor Unions so that the Bill was defeated.

Roller Skating Rink Operators

Analysis and Memorandum with respect to House Bill No. 462, session of 1991. This Act defines the responsibilities and liabilities of roller skating rink operators and persons who utilize roller skating rinks.

Legislation to Correct Incongruity created by a decision in Moser v. Heistand, 681 A.2d 1324 (Pa. 1996)

In that decision, the court held that the Political Subdivision Tort Claims Act, 42 Pa.C.S. § 8522(b)(2) precludes a cause of action based on corporate liability against Commonwealth medical facilities, but that individuals can be sued and even the Commonwealth can be sued for respondeat superior.

This Act would render the Immunity Act internally consistent by making said actor/entity liable for corporate responsibility under Thompson v. Nason Hospital, 527 Pa. 330, 591 A.2d 703 (1991).

Privileges Afforded High Public Officials

The purpose of this Act is to effectuate reversal of the Pennsylvania Supreme Court in Mollan v. Lindner, 677 A.2d 1194 (1996). The opinion applied the Doctrine of Absolute Privilege to high public officials regardless of the circumstances.

Legislation to Reverse a Decision in the Case of Lory v. City of Philadelphia, ___ Pa. ___, 674 A.2d 673 (1996)

Wrote legislation to reverse the decision in Lory v. City of Philadelphia, 674 A.2d 673. The Tort Claims Act as written states that negligent acts do not include crimes, actual fraud, actual malice, or willful misconduct. The proposal would amend the Act to include such conduct.

“Negligent acts” shall include acts or conduct which constitute a crime, actual fraud, malice or willful misconduct if the employee acted within the scope of his duties.

Financial Responsibility Law

The purpose of this legislation is to amend the Financial Responsibility Law so that insurance companies may not utilize policy language containing a set-off provision which says that if bodily injury arises out of the use of an uninsured or underinsured vehicle, that any amount payable under the uninsured or underinsured motorist coverage is to be reduced by the amount paid to an insured for bodily injury under the liability coverage of the policy. The attempt was to reverse Pempkowski v. State Farm, 678 A.2d 398.

Legislation to Reverse the Decision in Salazar v. Allstate Insurance Co., 702 A.2d 1038 (Pa. 1997)

That decision held that there was no remedy in the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa.C.S.A. §§ 1701, et seq., for violating the notice required by Section 1791.1 of the Act.

Legislation involving Health Maintenance Organizations and other institutional health care providers.

I drafted a bill concerning healthcare. The bill would make clear liability of HMO’s, which cause personal injury, death and damages caused by delay, failure or refusal with regard to treatment. The bill also addressed the peer review process and prohibited certain inherent delays. The bill included an attorney’s right to examine records and impose reasonable charges therefor. Bad faith language was inserted. Peer review could not be pleaded as a defense. The parties’ inner health care malpractice action could argue specific amounts of pain and suffering. As an inducement to ADR, wherever ADR was agreed upon, the plaintiffs, as prevailing parties, could collect reasonable attorney’s fees.

Medical Records Legislation

Physicians and Patients Freedom from Coercion Act

Commentary on Legislation

I have written papers, commentary and letters, individually and on behalf of a number of organizations, on a vast array of legislation, including but not limited to, changes to the Pennsylvania Good Samaritan law and such disparate legislation as creating Limited Liability Corporations as it may affect citizens, consumers and lawyers. I have commented on legislation concerning judgments against parents where a child abuses a firearm in the commission of a tort, legislation and qui tam actions, immunity bills concerning equestrian activities and a wife variety of other matters.

Workers’ Compensation Appeal Board

I drafted a bill concerning the supersedeas system of the Workers’ Compensation Appeal Board. The bill would require decisions within a certain period of time and give either side a right to ask for a supersedeas.

Mortgage, Statute Revisions

Along with Gary T. Harris, Esquire, analyze the Mortgage Law revisions with respect to effect on consumer rights.

False Claims Act

Analyzed Commonwealth House Bill 849, P.N. 2541 “False Claims” Act which is Pennsylvania’s version of a Qui Tam statute.

Good Samaritan Act

Drafted the definition of “volunteer” under the Act for introduction.

Internet Legislation

I have been appointed Chair and Chief Draftsperson of Internet Legislation Committee.

Appointed to draft legislation addressing the Pennsylvania Catastrophe Loss Fund; issues of medical malpractice insurance premiums; issues concerning the Pennsylvania Peer Review Act; a Patient’s Healthcare Improvement Act; Pharmaceutical Safety Act; and legislation dealing with a number of other health, safety, consumer, patient and physician issues.

Pennsylvania Healthcare Provider Disclosure Act

An Act to provide information concerning physician profile, physician assistant and nurse profile, and healthcare provider entity profile.

Physicians’ and Patients’ Rights

Intended to provide physicians the right to express opinions without retaliation, right to counsel, cause termination, abolition of covenants not to compete, rights with respect to privileges, peer review, and inspection of records

Amendment to Statute of Limitations

Providing for tolling of statute of limitations during infancy, incompetency or imprisonment

Healthcare Services Malpractice Act

Amendments to strengthen and modernize the Pennsylvania Catastrophe Loss Fund with regard to such items as mandatory experience rating, mandatory risk management programs, reporting, medical malpractice small claims arbitration, mandatory binding arbitration (intercompany), rates, consent to settle

2001-2002 Term

During my term as President of the Pennsylvania Trial Lawyers Association, I was the chief drafter of over 40 Bills addressing a variety of matters in the Pennsylvania legislation and I contributed to the language in Act 13, Pennsylvania Healthcare Services Malpractice Act, 40 P.S. § 1301.101, et seq.; Asbestos Successor Liability Law; Act 57, dealing with joint and several liability; and numerous other pieces of legislation.

Mcare Amendments

Concept was to make the Mcare Fund operate more like an insurance company. Mcare Fund was set up as an independent authority with right to have voting coverage down to “zero” and to fade out when insurance became available and affordable. Provided for intercompany arbitration and voiding consent to settle clause. Permit the Mcare Fund to do its own underwriting, as well as adjustment of claims. Introduced in the Pennsylvania House of Representatives 2003.

Medical Malpractice Insurance Reform Act

Modeled on proposition 103 in California to permit proper setting of rates, disclosure of information, and in order to permit the Insurance Commissioner properly to regulate the sale of insurance for medical malpractice in the Commonwealth of Pennsylvania. Introduced 2003.

Medical Malpractice Tort Bills

Drafted dozens of pieces of tort legislation dealing with medical malpractice from caps for substantial injuries to equality in wrongful death actions for senior citizens.

Corporate Democracy

Drafted a comprehensive bill providing for new assurances of corporate democracy in minority representation, plus amendments to existing Pennsylvania law. The concept is to make industry more profitable by making it more responsive to the public and to other citizen concerns, such as probable keeping of the accounting, environmental, and ethical considerations.

Whistleblower Legislation

Drafted legislation on behalf of Mary Ann Dailey, a Republican in the House of Representatives, to give whistleblower protection and to create a 24-hour hotline for healthcare workers.

Amending the Act of March 20, 2002 (P.L. 154, No. 13), known as the Medical Care Availability and Reduction of Error (Mcare) Act, further providing for declaration of policy, for patient safety definitions, for powers and duties of the Patient Safety Authority, and for powers and duties of the Department of Health; and making an appropriation. Legislative Reference Bureau No. 2192, introduced by Dailey, Mary Ann, Armstrong, Gib, Barrar, Stephen, Corrigan, Thomas, and approximately 50 other sponsors of both political parties, including the leadership of both the Democrats and Republicans in the House of Representatives. I drafted whistleblower legislation, 24-hour hotline reporting option, and otherwise strengthened the whistleblower protection with respect to health care workers.

Joint and Several Liability Law Revisions

After preliminary objections were denied in the case of DeWeese v. Weaver, 824 A.2d 364, 369 (Pa. Cmwlth. 2003), I was asked to draft another joint and several liability law that might be acceptable to the legislature.

Liability for Negligence. Liability of Vehicle Owner. Recreational Vehicles.

Amendments to House Bill No. 2163. Sponsor: Representative Bastian. Printer’s No. 2934. Amendment to Sections 3526 and 7729 of Title 75 of the Pennsylvania Consolidated Statutes.

Judiciary and Judicial Procedure – Child Witnesses – Off-Road Vehicle Riding Area Operators

Act No. 2004-87. Senate Bill 979. Drafted section pertaining to off-road vehicles, § 7102, Comparative Negligence, Section (b.3), Off-road vehicle riding, approved July 15, 2004.

Retaliatory Action Prohibited

In essence, a whistleblower statute that goes beyond medical issues. April 2005.

Equine Immunity

May 26, 2005

Providing Immunity for Physician Reporting of Suspected use of Controlled Substance for Illicit Purpose

Senate Bill 196, Session of 2005.

Drafted Legislation

With respect to Disclosure about Current or Former Employee’s Job Performance and standard under which employee would be judged with respect thereto.

Employer Immunity – Disclosure of Employee Performance, Senate Bill 69, Act No. 2005-3, Approved June 15, 2005.

General Assembly of Pennsylvania, Senate Bill 618, Session of 2005, Printer’s No. 1359, November 15, 2005. Providing for immunity for equine owners, possessors or handlers.

Protection from Drunken Drivers

– Drafted 12/2005 but not passed.

Employment At Will

– 01.09.2006. Drafted but not passed.

Protection from Drunken Drivers.

Employer immunity from liability for disclosure of information regarding former or current employees. General Assembly of Pennsylvania, Senate Bill 69, Act No. 2005-3.

Survival Action. Amendment to Senate Bill 212, House Bill 138. Clarified survival actions to indicate that a survival action would include loss of life’s pleasures. Proposed but not passed.

Medical Records Legislation

April 23, 2007. Requires timely production of medical records at a reasonable rate and creates a cause of action for retaliation.

Lease of Turnpike.

Recreational Land Use Act, House Bill 1908, Session of 2007, Printer’s No. 2626.

Senate Bill 1061, Session of 2007 – Uniform Emergency Volunteer Health Practitioners

Senate Bill 1137, Session of 2007, Printer’s No. 1827 – Mcare Fund

Senate Bill 1224, Session of 2007, Printer’s No. 1665, Medical Resident and Patient Safety Act.

Senate Bill 1242, Session of 2008, Printer’s No. 1687, Medical Care Availability and Reduction of Error (Mcare) Act.

Senate Bill 2098, Session of 2007, Printer’s No. 3450 – Preventable Serious Adverse Events Act

House Bill 2043 – Snowmobiles and All-Terrain Vehicles

House Bill 2149, Snowmobiles & Emergencies – Amending Title 42 with respect to off-road vehicles.

Anti Blackballing Act of 2008

An Act limiting future liabilities for malpractice or professional causes of action.

An Act limiting what defense attorneys may charge and what expert witnesses may charge.

House Bill 3, Amending Title 74 (Transportation)

Senate Bill No. 41, Amending Title 42 (Donating medical supplies)

House Bill 244, Amending the Act of March 10, 1949 (P.L. 30, No. 14), known as the Public School Code of 1949, adding a section on Cardiopulmonary Resuscitation [Alternatives 1 and 2].

Joint & Several Liability

– Illegal Substance Exception with respect to the Pennsylvania Liquor Code [Alternatives 1 and 2].

Senate Bill No. 626, Amending Title 42, providing for expression of empathy.

Committee Testimony

1999 Pennsylvania State Senate Judiciary Committee Chaired by Alan Kukovich. Testified on accountant’s liability legislation

April 2002 Pennsylvania House of Representatives Judiciary Committee on Joint and Several Liability and prepared remarks.

9/18/02 Committee on Insurance, Greensburg, PA

10/31/02 Testified at Committee Hearing at Divine Providence Hospital, Williamsport, regarding medical malpractice insurance crisis

2001/2002 Medical malpractice reform legislation, which ultimately became Act 13.

2001/2002 Senate hearings on consumer legislation, my testimony being in particular with regard to accountants’ whistleblower law.
House insurance committee in Greensburg, PA.
Patient Safety issues.

3/19/03 House Insurance Committee information hearing, patient safety issues, Nicholas A. Micozzie, Chairman, House Insurance Committee.

3/27/03 Health and Human Services Committee – Maintaining quality health care during medical liability crisis, Thursday, March 27, 2003, George Kenney, Jr., Chairman, Majority; Frank Oliver, Chairman, Minority; patient safety issues.

9/15/03 Senate Judiciary Committee, Medical Malpractice Insurance, Monday, September 15, 2003, Stuart J. Greenleaf, Chairman, Majority, J. Costa, Chairman, Minority. Testimony as member of Patient Safety Authority.

3/17/05 University of PA Hearing on Patient Safety, Philadelphia, PA.

11/14/05 Health and Human Services Committee – House Bill 1790, Main Capitol, Harrisburg, PA

4/30/08 House Tourism & Recreation Committee – Public Hearing on House Bill 1908 – Landowner Liability – Patton Volunteer Fire Company Hall,

Continuing Legal Education/Course Work

Current on all continuing legal education, and have many credits into the future as a result of teaching and writing, including but not limited to all Ethics requirements.

07/16/1994 Ethics and Advertising Issues 1.0E

05/19/1995 13th Annual PA Auto Insurance Law Seminar 5.0S

07/06/1995 Government Immunity 2.0S

0/7/07/1995 Annual Update of the Law for Civil Litigators 4.0S

07/08/1995 Russ Herman on Trial Techniques 2.0S

09/20/1995 Annual Update for Civil Litigators 2.0S

10/27/1995 Professionalism Beyond the Rules 1.5E

10/27/1995 Emerging Trends: Business Liability and the Feds 1.5S

07/18/1996 Litvin On: Representing Plaintiffs in an Increasingly H 3.0S

07/29/1996 Annual Update for Civil Litigators 5.0S

09/17/1996 Annual Update for Civil Litigators 3.0S

10/11/1996 Federal Rules of Evidence 2.0S

10/11/1996 Federal Rules of Evidence 1.0E

03/14/1997 Tips on Torts: How to Handle Cases on Med Mal, Pro 4.5S

04/02/1997 Tips on Torts: How to Handle Cases on Med. Mal, Pro 3.0S

04/16/1997 Tips on Torts: How to Handle Cases on Med. Mal, Pro 3.0S

04/24/1997 Fourth Annual Personal Injury Institute 2.0S

07/10/1997 Statewide Stars of the Bench & Bar 2.5S

07/11/1997 Annual Update for Civil Litigators 5.5S

07/02/1998 Internet 101: Tools for the Trial Lawyer 1.0S

07/02/1998 Don Keenan on Where’s the Passion 2.0S

07/03/1998 Annual Update for Civil Litigators 6.0S

09/15/1998 Annual Update of the Law 6.0S

11/12/1998 Jury Practice and Procedure in the U.S.District Court 1.0S

05/04/1999 Products Liability 4.0S

07/07/1999 Annual Update 8.0S

07/08/1999 Tom Kline presents 1.5S

07/08/1999 Ethics & Mock Trials for Auto Practitioners 1.0S

07/08/1999 Ethics & Mock Trials for Auto Practitioners 1.0E

07/29/1999 Fee-Billing practices in the Middle District Ethical 1.5E

10/12/1999 Personal Injury Update 4.0S

10/22/1999 Technology in the Courtroom 1.5S

12/03/1999 Tactics in P I & Death Cases 4.0S

03/21/2000 Malpractice Avoidance 2.0S

07/13/2000 Beasley on Trial Advocacy 3.0S

07/14/2000 Annual Update for Civil Litigators 8.0S

10/10/2000 Annual Update for Civil Litigators 6.0S

10/20/2000 New Developments in Restatement (3rd): Product Liability 6.0S

12/19/2000 Medical Malpractice 6.0S

06/19/2001 Medical Malpractice 3.5S

07/06/2001 Howard Nations: The Psychology of Persuasion 3.0S

11/12/2001 2001 Judicial Conference 7.0S

12/18/2001 Medical Malpractice 4.0S

04/03/2002 Medical Malpractice 10.0S

04/09/2002 Medical Malpractice 10.0S

04/11/2002 Medical Malpractice Legislation 10.0S

07/11/2002 Charles L. Becton on Maximizing Damages & Cross Examination 3.0S

07/12/2002 Annual Update for Civil Litigators 7.0S

08/06/2002 Joint and Several Liability Law 3.0S

10/04/2002 Annual Update for Civil Litigators 5.0S

10/09/2002 Annual Update for Civil Litigators 4.0S

10/25/2002 Litigating Nursing Home Malpractice Cases 6.0S

04/16/2003 Ethical Issues in a Litigation Practice .0E

04/22/2003 Preparing and Trying the Medical Malpractice Case 12.0S

05/29/2003 21st Annual Auto Insurance Law 4.5S

07/11/2003 Annual Update 6.0S

10/09/2003 Annual Update for Civil Litigators 8.0S

10/22/2003 Failure to Diagnose Cancer 8.0S

12/09/2003 Hot Topics – Products Liability 2.0E

12/09/2003 Hot Topics – Products Liability 6.0S

04/16/2004 Preparing and Trying the Medical Malpractice Case 12.0S

06/08/2004 Failure to Diagnose Cancer 6.0S

06/09/2004 Failure to Diagnose Cancer 4.0S

07/08/2004 David Ball on Damages 2.0S

07/09/2004 Annual Update for Civil Litigators 7.0S

07/09/2004 Medical Malpractice Workshop 2.0S

04/07/2005 Preparing and Trying the Medical Malpractice Case 12.0S

07/08/2005 Annual Update 8.0S

10/07/2005 Annual Update of the Law 4.0S

02/09/2006 New Jury Instructions 3.0S

07/07/2006 Annual Update for Civil Litigators 7.0S

09/21/2006 Trial Practice – Middle District 4.0S

09/28/2006 Trial Practice – Middle District 4.0S

10/06/2006 Annual Update for Civil Litigators 8.0S

11/16/2006 Medical Malpractice: All New Full Day! 12.0S

11/20/2006 Medical Malpractice: All New Full Day! 6.0S

01/17/2007 Emotional Distress Damages 1.0S

02/22/2007 Preparing Witnesses 0.5E

02/22/2007 Preparing Witnesses 3.5S

04/26/2007 Law Firm Web Sites & Online Marketing 04 1.0ED

07/05/2007 Cliff’s Notes on Med Mal 3.0S T

10/08/2007 Annual Update 8.0S T

11/14/2007 Medical Malpractice 12.0S T

11/16/2007 Medical Malpractice 3.0S T

02/20/2008 Annual Update on Torts 1.0S

04/14/2008 Ethics & E-Discovery 1.0ED

06/12/2008 Medical Malpractice 4.0S T

07/10/2008 Annual Update 7.0S T

08/28/2008 Civil Jury Instructions: Practical Uses of the Updated 2.0S

10/28/2008 Annual Update 4.0S T

10/29/2008 Ethical Hurdles 1.0E

11/19/2008 Annual Update on Torts 2.0S

12/03/2008 Medical Malpractice 12.0S T

01/28/2009 Legal Jeopardy 2009 1.0S

06/26/2009 Annual Update 6.0S

06/27/2009 Pennsylvania Masters Series 1 2.0S

09/16/2009 Annual Update on Torts 2009 2.0S

10/12/2009 Annual Update 5.0S

10/19/2009 Constitutional Convention Commission (16570) 1.0S

10/27/2009 Premises Liability Update 6.0S

11/04/2009 Medical Malpractice 12.0S

02/17/2010 Pennsylvania Product Liability Law: A Look at the Cure 2.0S

02/24/2010 The War on Terror, the State of the Law 2.0S

05/06/2010 Annual Meeting – ADA Amendments Act: Rules of the Game 1.0S

07/28/2010 Christian Legal Soc. Chapter of University of California 2.0SDT

07/30/2010 Legal Ethics in a Wired World 1.0ED

09/15/2010 Oil & Gas Law: Understanding Royalties & Death Tax 1.0S

10/27/2010 Survey of Commonwealth Court Cases 1.0S

11/05/2010 Annual Update 8.0S

12/07/2010 Medical Malpractice 2.5S

8/24/2011 Environmental Issues in Natural Gas Production 6.50S

9/27/2011 Annual Update 8.0S

10/12/2011 Medical Malpractice 12.0S

12/08/2011 2011 Ethics Update 1.0ED

02/15/2012 Annual Update of the Law 2.0S

03/28/2012 The Development of Strict Liability 1.0S

04/09/2012 Medical Malpractice 6.0S

04/09/2012 Electronic Medical Records 3.0S

06/29/2012 Annual Update 6.0S T

06/30/2012 Performance on Trial: Courtroom Magic 1.0S

06/30/2012 Performance on Trial: Courtroom Magic 1.0E

08/15/2012 New Proposed Medicare Lien Regulations 2.0SDT

10/05/2012 Annual Update 8.0S T

02/21/2013 Effective Cross Examination 1.0S

Technology Transfer Center and Continuing Education, Microsoft Outlook 2000 Level I

Martindale-Hubbell Designations:

a.v. rated attorney.
As a result of my rating, the entire firm has been rated a.v. and named in the Bar Register of Preeminent Lawyers.

Selected as a 2014 Top Rated Lawyer in Medical Malpractice Law on behalf of American Lawyer Media and Martindale Hubbell

Organizations:

B’nai B’rith

International Justice and Human Relations Award presented to Clifford A. Rieders in recognition “Of His Many Achievements and Humanitarian Efforts Within The Community and Legal Field, June 28, 1992.

Commonwealth of Pennsylvania, House of Representatives, Citation presented by the Honorable Thomas W. Dempsey, June 16, 1992, on the occasion of the receipt of the B’nai B’rith International Justice and Human Relations Award. “He has earned the respect and gratitude of all who have benefited from his tireless devotion to duty.”

Center for International Legal Studies

Frequent Invitee

Chabad Lubavitch of Greater Philadelphia

2019 Lamplighter Award

Hadassah

Associate Member

Herbert Rieders Foundation for the Recovery of Objects Judaica

Founder and President. A non-profit, tax-exempt entity founded in 1991; author of pamphlet “Ten Questions Concerning Judaism” distributed by the Herbert Rieders Foundation. The Foundation is developing documentary on Vatican Judaica entitled “Golden Treasures.”

Obtained agreement from the Vatican to fully catalog and make available Judaica in the year 2002.

“Golden Treasures – The Vatican Judaica Documentary Film,” Introduction and Discussion Sunday, September 18, 2011, Bucknell University

Israel Bonds

Co-chair, 1996-present

Kiwanis, Lions Club, and other Organizations

Recognitions and certificates from community organizations for speaking at their meetings and assisting other community activities.

“Israel Lawsuit Crisis?”, Genetti-Lycoming Hotel, May 4, 2000

“Medical Malpractice Issues,” February 24, 2004, Montoursville, PA Kiwanis.

“Biblical Origins of the Legal System,” Wednesday, April 14, 2004, Danville Kiwanis.

“Privacy Issues in the Law – School and Car Searches,” Tuesday, November 16, 2004, Sunrise Kiwanis Club, South Williamsport, PA.

“Separation of Powers,” May 3, 2018, Kiwanis Club of Lock Haven, annual Clinton County Law Day program

Loyalsock Creek Watershed Association

Long-time Board member, former officer, and legal counsel. Have also handled a number of legal matters on behalf of the Association.

Lycoming Alliance for Justice and Equality

An organization founded and sponsored by the YWCA. Served on Steering Committee and Legal Committee, and assisted in the formulation of various community events.

Middle Atlantic Region Federation of Jewish Men’s Clubs

Parliamentarian, 1997, bi-annual convention

Co-Chair children’s events 1999 bi-annual convention

Man of the Year award, March 7, 1999

Minority Professional Network

Board Member

NAACP

Award from incarcerated members of NAACP at the Lewisburg Penitentiary

National Museum of American Jewish History

Founding member

New York Metropolitan Region Jewish Federation

Authored a number of articles for “Readers’ Digest” and other activities.

North Central Pennsylvania Kahillah

Founder and Chair

Northern Pennsylvania Conservancy

Ohev Sholom Congregation

Past long-time Board member, Past-President, Past Vice-President, Past Treasurer.

People To People Citizen Ambassador Program, Legal Systems and Jurisprudence Delegation

Invited several years in a row to participate and teach in the People To People Ambassador Program in Eastern Europe after the fall of the Soviet Union on the subject of Constitutional Law, Civil Rights, and the Rule of Due Process.

Reclaiming the Dead Sea Scrolls

Received an acknowledgment from one of the world’s leading Dead Sea Scroll scholars, Professor Lawrence Schiffman, New York University, in his book reviewed in the New York Times as a result of editing work and comments.

Rohr Chabad House Dedication Ceremony

Speaker, Sinai Scholar Parent

Rotary

Spoke to a number of Rotary Clubs over the years, such as parents in Bloomsburg, Pennsylvania, April 5, 2001, The Roots of the Law in the Bible.

Sierra Club

United Churches of Lycoming County

Panel participant for our “Faith Odyssey in Lycoming County” television show, broadcast January 17 and 18, 2000.

United States Coast Guard

License to operate commercial passenger carrying vessels limited in tonnage, granted in 1996 by examination

Williamsport Chamber of Commerce

Honorary Captain and platinum lifetime past holder for recreation of Susquehanna River Paddlewheel Boat, Hiawatha, for work in satisfying Coast Guard criteria with respect to the seaworthiness of the vessel, and for helping to train the Captain to pass the United States Coast Guard examination to operate the vessel.

Zionist Organization of America

Board member, personal legal advisor to the President, and activist, 1990 to the present

Quotations and Appearances in Numerous Newspaper Articles, Op-Ed Pieces, and TV:

PCN – Thursday, July 22, 2004, 6:30 p.m., call-in show concerning Patriot Act, together with a representative of Civil Liberties Union and Thomas Marino, United States Attorney for the Middle District of Pennsylvania. Numerous other appearances on medical liability and other legal matters.

“Medical Mistakes,” The Philadelphia Inquirer. Quoted in a series of articles by Andrea Gerlin, Inquirer staffwriter. Internet site http://healthphilly.com/specials/mistakes/hosp14.asp

“The Court, God and Football,” by Mike Glazer – Sun-Gazette staff. http://www.sungazette.com/articles/062100_F_CourtGod.htm.

Region, November 15, 2000, “Required Water Connection OK’d by Council in 4-1 Vote,” by Barb Miller – Sun-Gazette correspondent. http://www.sungazette.com/articles/111500_R_Required.htm.

The Williamsport Sun Gazette:

“Bush vs. Gore: What Did Supreme Court Really Say?”

“To Elect or Appoint Judges, That Is the Question”

“Another View: Litigation Declining in Pennsylvania”

“The Cause of Medical Malpractice Insurance Increases”

“Medical Malpractice Insurance Rate Hearing,” 10/31/02

Easily Ignored Decision Brings Important Results, November 2003

“An End To ‘Log Rolling’ in Harrisburg? The General Assembly will no longer be conducting ‘business as usual.’” Pennsylvania Law Weekly, Monday, November 24, 2003, 26 PLW 1300.

Court Sacks Lawmakers’ End Runs, Viewpoint, The Sunday Times, Scranton, PA, November 16, 2003, C3.

“Florida’s tourism officials plan to step up spending to counter those images of storm-battered beaches,” The New York Times, September 24, 2004, C5.

And many others over the years, much too numerous to mention.

Cases in which I was cited

Guidotti v. Legal Helpers Debt Resolution, L.L.C., et al., 716 F.3d 764 (3rd Cir. 2013)

Irem Temple Aaonms v. PA Liquor Control Bd., 87 A.3d 983 (Pa. Cmwlth. 2014)

In re: Petition to Realign Regional Election Districts in Pennsbury School District, 79 A.3d 1218 (Pa. Cmwlth. 2013). School board filed petition to realign election districts, seeking court approval of reapportionment plan for election of directors, and association filed petition for establishment of a new representation plan for electing members of the school board. The Court of Common Pleas, Bucks County, No. CP-09-MD-0001894-2012, Susan Devlin Scott, President Judge, approved district’s petition, and association appealed.

Holdings: The Commonwealth Court, No. 2310 C.D. 2012, Colins, Senior Judge, held that:

1. board’s plan did not violate equal protection;
2. board’s plan complied with statutory requirement that the populations of each region be as nearly equal as possible; and
3. evidence supported determination that board’s plan best served the district.

Affirmed.

Hobbies:

Sailing

Bicycle riding

Recreational writing and reading

A sampling of reported cases only in which I was involved:

FEDERAL CASES:

Kirksey v. Children’s Hospital of Pittsburgh, No. 18 WAP 2020 (S. Ct. W.D. August 28, 2020).

This amicus brief had a successful result. The reversal of an inadequate verdict does not have to be for the entire case, but, as in this situation, could only be for part of the damages such as pain and suffering or emotional distress. The Supreme Court stated a new standard for when a case would be reversed and remanded.

Downey v. Pennsylvania Department of Corrections, No. 19-2248 (3rd Cir. August 3, 2020) (Restrepo, C.J.)

An extraordinary case of great importance. This is the first case ever that has determined when an emergency exists which prevents an inmate from being able to exhaust administrative remedies prior to bringing a civil damage action. The inmate had been permitted to go blind from glaucoma without being treated, in spite of many intreaties on the part of the inmate and some medical staff for intervention.

Gross v. Coloplast Corp., No. 2:19-CV-04385 (E.D. Pa. January 17, 2020).

This case was groundbreaking in terms of finding that a medical device case could be subject to products liability law in Pennsylvania. Since this decision, predicting what the Pennsylvania Supreme Court will do, many other federal district court judges have followed the opinion.

Sikkelee v. Precision Airmotive Corporation, 822 F.3d 680 (3rd Cir. 2016).

Lead Attorney for Plaintiff. Federal Aviation Act, the General Revitalization Act of 1994, and the regulations promulgated by the Federal Aviation Administration reflects that Congress did not intend to preempt aircraft products liability claims. The court also recognized the question was sufficiently unclear and important to certify its order for interlocutory review. The scope of Abdullah, an important US Supreme Court, holds that neither the Act nor the issuance of a type certificate per se preempts all aircraft design and manufacturing claims. Rather, subject to traditional principles of conflict preemption, including in connection with the specifications expressly set forth in a given a type certificate, aircraft products liability cases like Appellant’s may proceed using a state standard of care. For these reasons, we will reverse the District Court’s entry of summary judgement in favor of Appellees and remand for further proceedings.

DuVall v. Avco Corp., F.Supp.2d, 2006 WL 723484.

Refusal to transfer air crash case.

Leuthner v. Blue Cross of NEPA, 29 PLW 954, PICS Case No. 06-1089 (M.D. Pa. July 27, 2006) Jones, J.

I was chief trial counsel. Retirees who retired outside the 6-year limitations period set forth in ERISA might have viable claims for breach of fiduciary duty if the employer made post-retirement misrepresentations about benefits that were independent from the misrepresentations that had induced their retirement. As a result, motions for summary judgment were denied.

Leuthner v. Blue Cross and Blue Shield of NEPA, 454 F.3d 120 (3rd Cir. 2006), cited in Graden v. Conexant Systems, Inc., 496 F.3d 291 (3rd Cir. 2007).

The court found that if the beneficiary of an ERISA plan has lost their status as s beneficiary, due to what she claims is the plan administrator’s breach of fiduciary duty, she does not have standing to sue the administrator under ERISA § 502(a), 29 U.S.C. § 1132(a). The women in question claimed they were promised from Blue Cross 100 percent lifetime benefits after retirement. One woman was the widow of a Blue Cross retiree. Both women lost their lifetime benefits when the Blue Cross plan was retroactively changed. The Third Circuit upheld the view of the trial court that the women do not have statutory standing to bring the action.

Leuthner v. Blue Cross of PA, 4:CV-02-1709 (M.D. Pa. September 8, 2005) Jones.

Denial of summary judgment by Blue Cross with respect to retiree benefits. The court found a material issue of fact with respect to whether there was detrimental reliance by retirees, breach of fiduciary duty, and whether there was a causal connection between the breach of duty and damages. The case was very favorable to retirees in that it permitted them to make claims under certain circumstances, including for reinstatement of benefits.

Kelchner v. Sycamore Manor Health Center, 135 Fed.Appx. 499 (3rd Cir. 2005).

Lower court upheld in finding that employer’s authorization for procurement of consumer reports may be compelled under the Fair Credit Reporting Act.

Kelchner v. Sycamore Manor Health Center, 305 F.Supp.2d 429 (M.D. Pa. 2004).

Employer’s authorization for procurement of consumer reports may be compelled under the Fair Credit Reporting Act. The court, as well as the United States Court of Appeals for the Third Circuit, had permitted interlocutory appeal on this question of first impression.

Leuthner v. Blue Cross/Blue Shield of Northeastern Pennsylvania, PICS No. 04-0409 (M.D. Pa. February 25, 2004) Jones.

Summary judgment would be improper because plaintiffs said they relied on management statements in making decisions regarding arrangements of finances. This was an ERISA case where it was claimed that plaintiffs were cheated when their employer reneged on its promise of lifetime health care benefits upon retirement.

Leuthner v. Blue Cross/Blue Shield of Northeastern Pennsylvania, 270 F.Supp.2d 584 (M.D. Pa. 2003).

Retirees brought suit alleging that sponsor/employer violated Employee Retirement Income Security Act of 1974 (ERISA) and Pennsylvania Bad Faith Statute by amending employee benefit plan to limit retiree health benefits. On employer’s motion for summary judgment, the District Court, Jones, J., held that: (1) amendment of plan to reduce retiree benefits did not involve breach of fiduciary duties under ERISA; (2) retirees would be granted leave to amend breach of fiduciary duty claim; (3) employer’s right under plan descriptions to discontinue retiree health benefits precluded reasonable reliance necessary for equitable estoppel claim; (4) claim under Bad Faith Statute was preempted by ERISA, and (5) motion would not be continued pending further discovery.

Carrasquilla v. Mazda Motor Corp., 166 F. Supp.2d 181 (M.D. Pa. 2001).

Defendants’ motion in limine to permit evidence related to the availability and lack of use of manual safety belts denied. This important decision, the first of its kind, held that even in a products liability case Pennsylvania’s law prohibiting evidence with regard to use of seatbelts would be controlling. Any argument can be made without reference by either party to the existence of manual lap belts and the lack of use of those belts by Marco Carrasquilla and Argenix Suarez. Defendants’ constitutional challenge to the state prohibition rejected as well.

Carrasquilla v. Mazda Motor Corp., 166 F.Supp.2d 169 (M.D. Pa. 2001).

Claimed that shoulder-only automatic belt system was defective and design was preempted by federal regulation permitting that type of seatbelt system. “Special design-related circumstances” exception to preemptive effect of federal regulation did not apply to claim that car contained improperly designed seat back, seat back, and knee bolster. Claim that manufacturer failed to provide adequate warnings regarding risk of not wearing the manual lap belt was preempted by the federal regulation. State-law design defect claims that were based on alleged lack of adequate seat back, seat track and knee bolster were not preempted. State law claim that manufacturer failed adequately to warn of the risk of harm associated with the lack of an adequate seat back, seat track and knee bolster was not preempted.

Carrasquilla v. Mazda Motor Corp., 963 F.Supp. 455 (M.D.Pa. 1997)

Action was brought against manufacturer and marketer of automobile involved in collision that killed one occupant and injured two others. Defendants brought third-party complaint against driver of other vehicle. Driver moved to dismiss third-party complaint. There are a number of other significant Orders and Opinions in this case related to warnings, sanctions against Defendants. Quoted with approval at Oddi v. Ford Motor Company, 234 F.3d 136, 142 (3rd Cir. 2000).

This case has been repeatedly cited, including by the Pennsylvania Supreme Court in Harsh v. Petroll, 887 A.2d 209 (Pa. 2005).

Kline v. Kemper Group, 826 F.Supp. 123, (M.D.Pa. 1993)

Declaratory judgment action was brought against insurers of employer seeking declaration that coverage existed over age discrimination claims asserted by plaintiff against former employer.

Frey v. Pennsylvania Airlines, 859 F.Supp. 137, (M.D.Pa. 1992)

Female employees brought discrimination action against airline employer under Pennsylvania Human Relations Act (PHRA) and Title VII.

Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Staiman, 771 F.Supp. 102, (M.D.Pa. 1991)

Brokerage house brought action seeking indemnity or contribution from investor’s son after brokerage house was found liable for investor’s losses caused by investor’s grandson who was employed by brokerage house.

Eureka Paper Box Co. v. WBMA, Inc., Voluntary Employee Ben. Trust, 767 F.Supp. 642, (M.D.Pa. 1991)

Employers which were part of a group of employers which established employee benefit plan to provide health care coverage for employees brought action to recover for alleged Employee Retirement Income Security (ERISA) and Racketeer Influenced and Corrupt Organizations Act (RICO) violations committed in connection with administration of plan.

Chinchello v. Fenton, 763 F.Supp. 793, (M.D.Pa. 1991)

Inmate, nonprofit corporation and staff attorney employed by corporation brought civil rights action against former warden who allegedly conspired with various federal officials to obtain, open and display inmate’s privileged legal correspondence.

Grant v. Sullivan, 134 F.R.D. 107, 113 (M.D. Pa. 1990)

I was called as an expert by the Plaintiffs to testify in regards to attorney’s fees charged in the Middle District of Pennsylvania.

Markowitz v. Northeast Land Co., 906 F.2d 100 (M.D. Pa. 1990)

Condominium purchaser brought action against developer alleging violation of Interstate Land Sales Full Disclosure Act (ILSFDA) and various state law claims. The United States District Court for the Middle District of Pennsylvania, Edwini M. Kok, J., granted developer’s motion to dismiss and purchaser appealed. The Court of Appeals, Hutchinson, Circuit Judge, held that sales contract was not exempt from coverage under ILSFDA.

Markowitz v. Northeast Land Co., 906 F.2d 100, (3rd Cir. 1990)

Condominium purchaser brought action against developer alleging violation of Interstate Land Sales Full Disclosure Act (ILSFDA) and various state law claims.

Rider v. Com. of Pa., 850 F.2d 982, (3rd Cir. 1988)

Male prison guards brought Title VII suit against Commonwealth of Pennsylvania and state agencies and officials challenging hiring of only female guards for certain positions supervising female inmates.

Arnold v. BLaST Intermediate Unit 17, 843 F.2d 122, (3rd Cir. 1988)

Employees of unincorporated public entity established by Pennsylvania legislature filed petition for writ of mandamus, seeking to enforce judgment against entity stemming from Equal Pay Act violations.

Chabal v. Reagan, 841 F.2d 1216, (3rd Cir. 1988)

Chabal v. Reagan, 822 F.2d 349, (3rd Cir. 1987)

Former United States marshal brought action challenging his removal.

Fink v. Supreme Court of Pennsylvania, 654 F.Supp. 437, (M.D.Pa. 1987), aff’d, 838 F.2d 1205 (3rd Cir. 1988)

Fink v. Supreme Court of Pennsylvania, 651 F.Supp. 1238, (M.D.Pa. 1987)

Fink v. Supreme Court of Pennsylvania, 646 F.Supp. 569, (M.D.Pa. 1986)

State judge brought action seeking temporary restraining order restoring judge to his full duties as president judge and enjoining further proceedings of Judicial Inquiry and Review Board of Supreme Court of Pennsylvania.

Cited in In re Melvin, 57 A.3d 226 (Pa.Ct.Jud.Disc. 2012).

Harrison Bros. Meat Packing Co. v. U.S. Dept. of Agr., 640 F.Supp. 402, (M.D.Pa. 1986)

Meat packing company brought action against Department of Agriculture, seeking information under Freedom of Information Act pertaining to its being subjected too more stringent than usual regulation pursuant to action for intensified regulatory enforcement.

Kellner v. Aetna Cas. and Sur. Co., 605 F.Supp. 331, (M.D.Pa. 1984)

Kellner v. Aetna Cas. & Sur. Co., 605 F.Supp. 326, (M.D.Pa. 1984)

Counsel for 3rd party Defendants

Vendors brought actions against their fire insurer and purchaser’s fire insurer seeking recovery of proceeds allegedly due under coextensive policies. Cases were joined for administrative purposes.

Pedersen v. South Williamsport Area School Dist., 677 F.2d 312 (M.D. Pa. 1982)

Discharged employee with Pennsylvania school district brought damages action claiming denial of due process. The United States District Court for the Middle District of Pennsylvania, Malcolm Muir, J., rendered judgment for defendants, and plaintiff appealed. The Court of Appeals, Weis, Circuit Judge, held that: (1) employee knew of his right to hearing before school board and therefore could not recover damages simply because he lacked forma notice, and (2) timely arbitration under bargaining agreement was a valid alternative.

Pedersen v. South Williamsport Area School Dist., 677 F.2d 312, (3rd Cir. 1982)

Discharged employee with Pennsylvania school district brought damages action claiming denial of due process.

Kellner v. Royal Indem. Co., 605 F.Supp. 322, (M.D.Pa. 1982)

Vendors brought actions against their fire insurer and purchaser’s fire insurer seeking recovery of proceeds allegedly due under coextensive policies. Cases were joined for administrative purposes.

U.S. v. Van Scoy, 654 F.2d 257, (3rd Cir. 1981)

Defendant was convicted in the United States District Court for the Middle District of Pennsylvania, Malcolm Muir, J., of aiding and abetting murder in the second degree at a United States penitentiary, and he appealed. The Court of Appeals, Miller, J., sitting by designation, held that the trial court did not clearly err in concluding that an inmate to whom defendant had secretly sent handwritten letters while both were in segregated confinement was not government agent, and thus letters sent by defendant were admissible at trial. Affirmed.

Harper v. National Flood Insurers Ass’n, 516 F.Supp. 725, (M.D.Pa. 1981)

Insured brought action alleging that insurer had wrongfully denied insurance coverage for damage to waterproofing membrane caused by flood.

U.S. v. Rupert, 510 F.Supp. 821, (M.D.Pa. 1981)

Defendant, a Postal Service employee, moved for dismissal of indictment charging him with violation of statute prohibiting theft and removal of money from a letter intended to be conveyed by mail and statute prohibiting anyone from knowingly obstructing or retarding passage of mail.

Par-Knit Mills, Inc. v. Stockbridge Fabrics Co., Ltd., 636 F.2d 51, (3rd Cir. 1980)

Garment manufacturer, suing on textile sales contract, appealed from an order of the United States District Court for the Middle District of Pennsylvania, Malcolm Muir, J., staying federal court proceedings pending the completion of arbitration. This case has been recited as a seminal case on the subject as recently as 2000 by the Third Circuit. Relied upon and cited with approval by the Third Circuit in 2000.

P Stone, Inc. v. Koppers Corp., 631 F.2d 24, (3rd Cir. 1980)

Defendants appealed from an order of the United States District Court for the Middle District of Pennsylvania, Sylvia H. Rambo, J., denying their motion to disqualify plaintiff’s counsel in an antitrust case.

Heusle v. National Mut. Ins. Co., 628 F.2d 833, (3rd Cir. 1980)

Heusle v. National Mut. Ins. Co., 479 F.Supp. 274, (M.D.Pa. 1979)

Injured party and her parents filed action against parents’ insurers, and insurers of driver of vehicle involved in accident seeking recovery of benefits. The United States Department of Health, Education and Welfare and the United States Coast Guard were joined as involuntary plaintiffs or, in the alternative, as defendants.

Local 736, Williamsport Firefighters v. City of Williamsport, 470 F.Supp. 344, (M.D.Pa. 1979)

Firemen and citizens of town brought an action challenging layoff of firemen.

Liberty Curtin Concerned Parents v. Keystone Central School Dist., 81 F.R.D. 590, (M.D.Pa. 1978)

Unincorporated associations composed of residents, voters, taxpayers and parents of school children filed action against school district and school directors alleging that defendants deprived them of their constitutional rights as a result of malapportionment.

U.S. v. Pray, 452 F.Supp. 788, (M.D.Pa. 1978)

Defendant charged with securities violations, mail fraud, and racketeering moved to dismiss indictment.

Ross v. Pennsylvania State University, 445 F.Supp. 147, (M.D.Pa. 1978), cited in Reardon v. Allegheny College, 926 A.2d 477, 480 (Pa. 2007)

Action was brought by a former graduate student alleging that his due process rights had been violated by his dismissal as a graduate student and as a graduate assistant at Pennsylvania State University without a prior hearing.

U.S. v. Savage, 430 F.Supp. 1024, (M.D.Pa. 1977)

Following convictions arising out of stabbing death of prison inmate, defendants moved for a new trial and for judgments of acquittal.

U.S. v. Craft, 419 F.Supp. 1264, (M.D.Pa. 1976)

Defendant who had been found guilty of attempting to send a letter from federal prison without knowledge or consent of the warden filed post trial motions.

Kisko v. Penn Central Transp. Co., 408 F.Supp. 984, (M.D.Pa. 1976)

Railroad employee injured in performing his duties with railroad brought action against the railroad under the Federal Employers’ Liability Act.

STATE CASES:

Marks v. Redner’s Warehouse Market, 136 A. 3d984 (Pa. Super. 2016).

The Marks appeal from entry of summary judgment in favor of Redner’s Warehouse Markets and Redner’s Markets. Trial court applied Maryland contributory negligence and determined that Mr. Marks’ negligence barred recovery as a matter of law. The court affirmed in part, reversed in party and remanded further proceedings. The court found a true conflict of law between Maryland and Pennsylvania. In contract of Pennsylvania law Maryland utilizes a doctrine of contributory negligence which protects defendants from tort claims if the plaintiff is found to be negligent in any degree. Pennsylvania has comparative negligence. After considering all of the contracts with the various dates, the court concluded that the trail court did not err in ruling that Maryland law applies to the case. However, the court also determined that Maryland law dictates that it must be left for a jury to decide whether Mr. Marks was contributory negligent. That is why the case was reversed.

Wexler v. Hecht, 920 A.2d 973 (Pa. 2007).

Clifford A. Rieders, Williamsport, for amicus curiae, Pennsylvania Trial Lawyers Association.

Where under the Medical Care Availability and Reduction of Error Act a podiatrist is competent to testify as an expert witness concerning the applicable standards of carte in the medical action advanced against an orthopedic surgeon.

Blair & Winnie v. Mehta, et al., 03-00954 (Blair December 16, 2005) Judge William S. Kieser.

Motion to limit defense expert testimony; burden of proof; assertions supported by facts of record.

Connor v. Crozer Keystone Health System, 832 A.2d 1112 (Pa. Super. 2003), citing North-Central Pennsylvania Trial Lawyers Association v. Weaver, supra., at footnote 3.

North-Central Pennsylvania Trial Lawyers Association, by John M. Humphrey, Esquire, Trustee ad litem, and John M. Humphrey, Esquire, Individually, Petitioners, v. Hon. C. Michael Weaver, Secretary of the Commonwealth of Pennsylvania, Commonwealth of Pennsylvania, 827 A.2d 550 (Pa. Cmwlth. 2003). Filed June 18, 2003 en banc.

This opinion written by Judge Smith-Ribner found that the North-Central Pennsylvania Trial Lawyers Association and John M. Humphrey had standing to challenge a new Section 5101.1 of the Judicial Code relating to venue in medical professional liability actions, and the corresponding reference in Section 931(c), 42 Pa. C.S. § 931(c), relating to venue and process. The law said that a medical professional liability action can only be brought against a health care provider in the county where the cause of action arose. The court also found that the enactment was in violation of separation of powers. Preliminary objections were overruled, and the court invited a motion for summary judgment, clearly stating that the enactment was unconstitutional. The lone dissenter, Judge Pellegrini, agreed with standing but would have found the enactment unconstitutional based upon germaneness rather than separation of powers. I handled the case as Special Counsel for the North-Central Pennsylvania Trial Lawyers Association.

Citizens for Personal Water Rights v. Borough of Hughesville, 815 A.2d 15 (Pa. Cmwlth. 2002).

The question is whether subterranean water rights were proper under the Pennsylvania Constitution. The Commonwealth Court answered in the negative, and a petition for allowance of appeal has been filed to the Pennsylvania Supreme Court.

Bergdoll v. Kane, 731 A.2d 1261, (Pa. 1999)

Bergdoll v. Kane, 666 A.2d 280, 542 Pa. 280, (Pa. 1995)

Clifford A. Rieders, Special Counsel, PA Bar Ass’n, Williamsport, for Intervenor-PA Bar Ass’n.

The Supreme Court transferred matter to Commonwealth Court, and preliminary injunctive relief was denied, 542 Pa. 280, 666 A.2d 280. Thereafter, the Commonwealth Court, 694 A.2d 1155, No. 516 M.D. 1995, granted summary judgment against Secretary. Secretary appealed. The Supreme Court, No. 55 M.D. Appeal Docket 1997, Zappala, J., held that: (1) Secretary did not preserve issue of standing as to individual petitioners; (2) association and individual petitioners had standing; and (3) ballot question posed two amendments to State Constitution with single question, thus violating Constitution.

Com., ex rel. Jiuliante v. County of Erie, 657 A.2d 1245, 540 Pa. 376, (Pa. 1995)

Clifford A. Rieders, Williamsport, for Pennsylvania Bar Association.

County court of common pleas filed complaint in mandamus seeking order directing county to pay for legal services incurred by court in defending itself against application of county antinepotism policy to court related employees. The Common Pleas Court, Erie County, Civil Division, No. 2044-A-1991, Breene, Senior Judge, sitting by appointment, granted summary judgment for county, and court appealed. The Commonwealth Court, No. 2795 C.D. 1992, 158 Pa. Cmwlth. 508, 631 A.2d 1122, affirmed, and appeal was taken. The Supreme Court, No. 11 W.D. Appeal Docket 1994, Zappala, J., held that: (1) statute providing that each county shall continue to furnish to the court of common pleas all necessary accommodations and goods and services which, by law, have heretofore been furnished did not impose obligation upon county to pay for legal fees incurred by court, and (2) constitutional scheme of separation of powers warranted recognition of a limited exception to the American Rule that attorney fees are not recoverable absent statute or enforceable contract, and therefore court was entitled to attorney fees.

Nigro v. Remington Arms Co., Inc., 655 A.2d 505, 540 Pa. 49, (Pa. 1995)
Clifford A. Rieders, Williamsport, for amicus curiae, Pennsylvania Trial Lawyers Association.
Appeal dismissed as having been improvidently granted.

Parents Against Abuse In Schools v. Williamsport Area School Dist., 594 A.2d 796, 140 Pa. Cmwlth. 559, (Pa. Cmwlth. 1991)

Parents of fourth grade students who were physically and emotionally abused by teacher filed civil action in mandamus and moved for peremptory judgment against school district, superintendent, and psychologist, requesting that they be ordered to provide copies of notes psychologist recorded during interviews of children. The Common Pleas Court, Lycoming County, No. 89-00214, Kenneth D. Brown, J., ordered that interview notes be provided to parents, and psychological appealed. The Commonwealth Court, No. 369 and 799 C.D. 1990, Byer, J., held that: (1) neither the Family Educational Rights and Privacy Act nor regulations of the Pennsylvania Department of Education defeated rights of parents of fourth graders to notes taken by school district psychologist in interviews with fourth graders, and (2) record of interviews of school district psychologist with fourth grade students was permitted to be disclosed to their parents.

Affirmed.

Azpell v. Old Republic Ins. Co., 584 A.2d 950, 526 Pa. 179, (Pa. 1991)
for amicus Pennsylvania Trial Lawyers Association

Policeman who had received workmen’s compensation benefits for injuries sustained in a work-related automobile accident filed a claim for uninsured motorist benefits with employer’s insurer, which denied benefits. Policeman received an arbitration award against insurer, and insurer appealed. The Court of Common Pleas, Delaware County, Civil Division, No. 87-16967, Robert A. Wright, J., vacated arbitration award, and policeman appealed. The Superior Court, 382 Pa. Super. 255, 555 A.2d 168, No. 01926 Philadelphia 1988, affirmed. Appeal was taken. The Supreme Court, No. 131 E.D. Appeal Dkt. 1989, Zappala, J., held that trial court exceeded its scope of review in vacating award.

Nestor v. Hospital of University of Pennsylvania, 559 Pa. 8, 739 A.2d 107 (1999)

Clifford A. Rieders, Williamsport, for Amicus-Pa. Trial Lawyers. Affirming the Order of the Court of Common Pleas of Philadelphia, Trial Division, Civil Section, entered April 22, 1997.

Bartholomew on Behalf of Bartholomew v. Foster, 541 A.2d 393, 115 Pa. Cmwlth. 430, (Pa. Cmwlth. 1988)

Action was brought to enjoin the Insurance Commissioner from enforcing amendment to the Casualty and Surety Rate Regulatory Act permitting automobile insurers to base rates in part on sex, if use of such factor is supported by sound actuarial principles. On cross motions for summary judgment, the Commonwealth Court, No. 2551 C.D. 1986, Colins, J., held that rates based in part on sex as authorized by the statute violate Equal Rights Amendment, even if actuarially sound.

Bickel v. W.C.A.B. (Williamsport Sanitary Authority and Hartford Ins. Group), 538 A.2d 661, 114 Pa. Cmwlth. 333, (Pa. Cmwlth. 1988)

Worker who brought worker’s compensation claim appealed decision of referee denying worker’s claim because no medical evidence on behalf of worker was presented. The Workmen’s Compensation Appeal Board denied worker’s request for remand and rehearing, and worker filed petition for review. The Superior Court, No. 1818 C.D. 1986 and 568 C.D. 1987, MacPhail, J., held that: (1) worker was not entitled to remand where findings of referee were supported by competent evidence and referee did not fail to make finding on crucial issue, and (2) worker was entitled to rehearing in order to give worker opportunity to show medical evidence was available which was not presented due to his counsel’s negligence.

Ferencz v. Milie, 535 A.2d 59, 517 Pa. 141, (Pa. 1987)

FOR PaTLA

Client brought action in trespass and assumpsit against attorney, seeking damages for alleged professional negligence and malpractice after attorney failed to file action against hospital within statutory period. The Court of Common Pleas, Westmoreland County, No. 7517 of 1982, granted attorney compulsory nonsuit, and client appealed. The Superior Court, No. 1100 Pittsburgh, 1984, 355 Pa. Super. 638, 509 A.2d 1324 (unpublished opinion), affirmed, and client appealed. The Supreme Court, No. 31 W.D. Appeal Docket 1987, Papadakos, J., held that material issue of fact as to whether hospital should have, in exercise of reasonable care, discovered ice patch in parking lot upon which client slipped precluded summary judgment in favor of attorney, where there was evidence that hospital knew or should have known of existence of ice patches, and that ice patch did not present known or obvious danger to client.

Petition of Board of Directors of Hazleton Area School Dist., 527 A.2d 1091, 107 Pa. Cmwlth. 110, (Pa. Cmwlth. 1987)

Citizen’s group appealed from order of the Court of Common Pleas, Luzerne County, Gifford S. Cappellini, J., adopting redistricting plan submitted by school district. The Commonwealth Court, No. 1029 C.D. 1987, Doyle, J., held that: (1) school district’s compliance with notice provisions of Sunshine Act was properly excused, and (2) trial court’s entry of order adopting school district’s new redistricting plan before giving citizen’s group opportunity to counter district’s evidence or put on its own case violated due process.

Wadsworth v. W.C.A.B. (Champion Parts Rebuilders), 526 A.2d 470, 106 Pa. Cmwlth. 399, (Pa. Cmwlth. 1987)

Claimant appealed from an order of the Workmen’s Compensation Appeal Board denying her petition for modification of compensation. The Commonwealth Court, No. 352 C.D. 1986, Craig, J., held that an examining physician’s testimony was unequivocal and supported the denial of modification.

Petition of the Bd. of Directors of Hazleton Area School Dist., 524 A.2d 1083, 105 Pa. Cmwlth. 565, (Pa. Cmwlth. 1987)

Board of directors of school district brought petition to reapportion election districts. Education association contested petition.

Schnabel Associates, Inc. v. T & M Interiors, Inc., 507 A.2d 1241, 352 Pa. Super. 303, (Pa. Super. 1986)

Buyer of allegedly defective carpet sued installer, supplier and finisher for cost of replacement. The Court of Common Pleas, Lycoming County, Civil Division No. 81-2135, Raup, Smith, and Wollet, JJ., entered judgment in favor of buyer, and supplier and finisher appealed. The Superior Court, Nos. 90 and 91, Harrisburg, 1985, Olszewski, J., held that: (1) admission of testimony by buyer’s expert witness with respect to delamination strength of carpet was not abuse of discretion; (2) replacement of all carpet in apartment complex where failure was obvious in only 40 percent of carpet was not improper failure to mitigate damages; (3) damage award properly reflected salvage value of carpet and difference in quality of goods purchased in replacement; and (4) finisher had sufficient minimum contacts with state for assertion of in personam jurisdiction.

U.S. Fidelity and Guaranty v. Griggs, 491 A.2d 267, 341 Pa. Super. 286 (Pa. Super. 1985)

Insurer brought declaratory judgment action seeking judicial determination of validity of liquor liability exclusion in policy issued to operators of restaurant/bar. The Court of Common Pleas, Civil Division, Lycoming County at No. 83-00336, Raup, Wollet and Smith, JJ., granted summary judgment in favor of insurer, and operators appealed. The Superior Court, No. 141 Harrisburg 1984, Wickersham, J., held that: (1) provision in policy issued to operators which stated that policy did not apply to bodily injury or property damage for which insured would be held liable as person or organization engaged in business of selling or serving alcoholic beverages, was clearly worded, conspicuously displayed, and unambiguous in excluding coverage as to suit brought against operators alleging that they served alcohol to driver of vehicle, resulting in fatal accident, and (2) exclusion in policy was not structurally ambiguous.

Peluso v. Walter, 483 A.2d 905, 334 Pa. Super. 609, (Pa. Super. 1984)

Administrator of estate of person who was killed after being struck by motor vehicle brought action against owners of two taverns who had allegedly served alcoholic beverages to driver of vehicle prior to accident. The Court of Common Pleas, Lycoming County, No. 81-2876, Wollet, J., granted summary judgment in favor of owners of one tavern, and plaintiff appealed. The Superior Court, No. 00859 Philadelphia 1983, Montemuro, J., held that tavern owner’s testimony concerning customer’s condition while he was at the tavern prior to accident was incompetent to support owner’s motion for summary judgment.

English v. Fairfield Tp., 482 A.2d 1275, 505 Pa. 609, (Pa. 1984)

Denying Permission to Appeal from Orders of Court of Common Pleas of Lycoming County entered April 7 and June 3, 1983,

Appeal dismissed as having been improvidently granted.

Pedersen v. South Williamsport Area School Dist., 471 A.2d 180, 80 Pa. Cmwlth. 292, (Pa. Cmwlth. 1984)

Discharged school district maintenance worker appealed from order of the Common Pleas Court, Lycoming County, Thomas C. Raup, J., denying his exceptions to grant of school district’s motion to strike appeal of school board’s decision upholding discharge.

Divine Providence Hospital v. W.C.A.B. (Bonner), 75 Pa. Cmwlth. 565, 462 A.2d 917 (1983)

Employee’s claim for workmen’s compensation was granted and affirmed by Workmen’s Compensation Appeal Board, and employer’s insurer appealed. The Commonwealth Court, No. 1695 C.D. 1982, Rogers, J., held that: (1) substantial evidence supported referee’s finding that injury occurred on employee’s last date of employment, and (2) referee did not err in refusing to find claimant was not disabled by injury to his other foot 15 months after leaving employment, and thus was still entitled to benefits.

Pedersen v. Com., Unemployment Compensation Bd. of Review, 459 A.2d 869, 74 Pa. Cmwlth. 130, (Pa. Cmwlth. 1983)

Claimant appealed from an order of the Unemployment Compensation Board of Review, which denied his claim for unemployment compensation benefits.

El Rancho Grande, Inc., Application of, 467 A.2d 1381, 78 Pa. Cmwlth. 592, (Pa. Cmwlth. 1983)

El Rancho Grande, Inc., Application of, 437 A.2d 1150, 496 Pa. 496, (Pa. 1981)

El Rancho Grande, Inc., Application of, 414 A.2d 751, 51 Pa. Cmwlth. 410, (Pa. Cmwlth. 1980)

Appeal was taken from an order of the Commonwealth Court, affirming an order of the Court of Common Pleas of Potter County which quashed, for lack of standing, an appeal from a determination by the Liquor Control Board to grant a liquor license in excess of the prescribed quota for Portage township. The Supreme Court vacated and remanded to the Commonwealth Court, which further remanded to the Court of Common Pleas. The Court of Common Pleas, Harold B. Fink, J., concluded that the Liquor Control Board had committed an abuse of discretion in granting a liquor license on the basis that the township was a resort area, and the license applicant appealed. The Commonwealth Court held that evidence before Board was insufficient to establish the existence of a resort area, and thus, the action of the Board in granting a resort area liquor license was an abuse of discretion.

Cited and followed in Nilo v. Pennsylvania Liquor Control Board, 861 A.2d 248 (Pa. 2004).

This case has been repeatedly cited, including but not limited to Malt Beverages Distributors Association v. Pennsylvania Liquor Control Board, 881 A.2d 37 (Pa. Cmwlth. 2005).

Robbins v. W.C.A.B. (Donald Acor Trucking), 466 A.2d 1141, 78 Pa. Cmwlth. 144, (Pa.Cmwlth. 1983)

The claimant in this workmen’s compensation case has appealed from an order of the Workmen’s Compensation Appeal Board reversing a referee’s grant of the prayer of his petition to set aside a final receipt. The Board held that the claimant had failed to prove by clear and convincing evidence that all disability attributable to his work related injury had not terminated when the final receipt was executed.

Keller v. Old Lycoming Tp., 428 A.2d 1358, 286 Pa. Super. 339, (Pa. Super. 1981)

Executrix of deceased worker’s estate appealed from order of the Court of Common Pleas, Lycoming County, at No. 76-3264, Raup, J., granting summary judgment in favor of township in the wrongful death and survival actions brought by executrix. The Superior Court, No. 350 Philadelphia 1980, Spaeth, J., held that: (1) township was the employer of employee fatally injured when working on township project, thereby immunizing township from actions filed by executrix under section of Workmen’s Compensation Act providing that liability of employer shall be exclusive under the Act, and (2) township was not precluded from taking advantage of exclusivity section of Workmen’s Compensation Act on ground that federal government had preempted the field under the CETA program.

Heller v. Borough of South Williamsport, 408 A.2d 1172, 47 Pa. Cmwlth. 642, (Pa. Cmwlth. 1979)
Landowners sought to have borough enjoined from opening section of street over land abutting plaintiffs’ property. The Lycoming County Court of Common Pleas granted the requested relief as to only some of the land and the plaintiffs appealed. The Commonwealth Court, No. 70 Transfer Docket 1978, Wilkinson, J., held that: (1) in absence of any public use of street for 21 years following its acceptance by borough, it would be treated as though it had never been dedicated, and (2) in view of power to borough to take over and open any street or portion thereof by exercise of its rights under power of eminent domain, where borough already had title to land, it could, in its discretion, open street without consent of abutting property owners.

Fox v. Workmen’s Compensation Appeal Bd., 373 A.2d 141, 30 Pa. Cmwlth. 93, (Pa. Cmwlth. 1977)

In a workmen’s compensation case, the Workmen’s Compensation Appeal Board reversed the referee’s award and dismissed the petition and claimant appealed. The Commonwealth Court, No. 1307 C.D. 1976, Mencer, J., held that evidence, including testimony by claimant and others and medical records all indicating that injury took place on earlier date, did not support referee’s finding that there was work-related injury on later date.

Aungst v. Waugh, 371 A.2d 849, 244 Pa. Super. 558, (Pa. Super. 1976)

Adjudication filed dismissing petition for rescission of deed upon payment of money by defendant to plaintiff and granting other relief to plaintiff. Defendant’s exceptions to adjudication dismissed and final decree entered.

Steppe v. Rajjoub, et al., 05-01261, Judge Kenneth Brown (10/4/2006).

Motion to compel; discovery of every lawsuit involving a doctor; cases with similar allegations.

Passarello v. Grumbine, 87 A.3d 285 (Pa. 2014).

The Pennsylvania Supreme Court has decided the long-awaited case of Passarello v. Grumbine. The decision, announced February 7, 2014, will effectuate an important change in the law of medical liability in the Commonwealth of Pennsylvania, and may influence other states as well.

The majority of the Justices determined that the liability of physicians for damages in medical malpractice cases should be determined by a reasonable physician in the same position as the doctor against whom recovery is sought. Patients will no longer have to face the argument by the medical community that the health care provider is entitled to a “safe harbor” based upon an “error in judgment.” It has been the argument of the medical community, rejected by Pennsylvania’s intermediate appellate court, the Superior Court, that doctors can escape liability for negligence where they have committed an “error in judgment.”

The Court, in its trailblazing decision, decided that the “error in judgment” defense is too subjective. The question in deciding whether a doctor has provided negligence care, wrote the Court, is not a doctor’s intent or state of mind but rather the doctor has met an objective standard of care governing all doctors in the same field or subspecialty.

The Justices of the Court disapproved the argument made by the lawyers for the physician in Passarello that the doctor should get a “break” because she tried her best and did not intend to hurt anyone. In any case for negligence, whether it be a driver of a car or a professional, the issue is always whether reasonable care was exercised as measured against individuals in the same position as the person who was sued.

Not only does the Passarello decision reinforce the common law that has existed for hundreds of years, but perhaps just as importantly it decisively eliminates from the courtroom personalities, state of mind, intention, willfulness, or other factors that have no place in the determination of liability under the negligence law in the Commonwealth of Pennsylvania. The Court’s extremely thorough opinion examined standard jury instructions, the law in other states, and the history of medical liability claims.

Lance v. Wyeth, 85 A.3d 434 (Pa. 2014). This appeal concerns whether, under Pennsylvania products liability law, a pharmaceutical company is immune from the responsibility to respond in damages for a lack of due care resulting in personal injury or death, except per two discrete grounds, namely, on account of drug imparities or deficient warnings. The court decided that design defect case could be brought under the facts of this case.

STATE TRIAL COURT CASES:

Bailey v. Lobar, Inc., The Farfield Company, Jay R. Reynolds, Inc., and the Pa. Group, 09-01300 (bailey102810a) – Judge Dudley Anderson (10/28/2010). [Civil] Summary: Sequestration of witnesses to be deposed; freedom from outside influences. (Posted: 10/30/2010).

Blair & Winnie v. Mehta, Women’s Health Care Associates, Simms, Datta, West Branch Emergency Physicians, NJ/PA EM-1 Medical Services, Susquehanna Physician Services & Susquehanna Health System, 03-00954 (Blair121605K) – Judge William S. Kieser (12/16/05) [Civil] Summary: Motion to limit defense expert testimony; burden of proof; assertions supported by facts of record. (Posted 01/05/2006).

Meyer v. Susquehanna Health System, Williamsport Hospital & Datta, 04-00182 (meyer050505a) – Judge Dudley N. Anderson (5/5/2005).

Summary: Appeal; expert opinion raising an issue of fact.

Blair & Winnie v. Mehta, Women’s Health Care Associates, Simms, Datta, West Branch Emergency Physicians, NJ/PA EM-1 Medical Services, Susquehanna Physician Services & Susquehanna Health System, 03-00954 (Blair091004k) – Judge William S. Kieser (09/10/2004)

Blair & Winnie v. Mehta, Women’s Health Care Associates, Simms, Datta, West Branch Emergency Physicians, NJ/PA EM-1 Medical Services, Susquehanna Physician Services & Susquehanna Health System, 03-00954 (Blair 072204k) – Judge William S. Kieser (07/22/2004).

Summary: Motion for leave to amend complaint; medical malpractice case; vicarious liability claim against hospital; new cause of action; statute of limitations.

Blair and Winnie v. Mehta, Women’s Health Care Associates, Simms, Datta, West Branch Emergency Physicians, NJ/PA EM-1 Medical Services, Susquehanna Physician Services & Susquehanna Health System, 03-00954 (Blair061004k) – Judge William S. Kieser (06/10/2004).

Summary: Preliminary objections; specificity of allegations of negligence, recovery for loss of companionship, society, comfort, guidance, solace and protection by parent for loss of child in wrongful death case; negligent infliction of emotional distress; punitive.

Wein v. Williamsport Hospital, 39 D.&C.4th 137 (1998)

On motion of defendant, the court determined that the Pennsylvania Rule of Civil Procedure 4009.12(b)(2) does not conflict with the Peer Review Protection Act. The court, en banc, ruled that before defendant health care provider could simply claim a privilege or non-discoverability, it had to be explicit about the material not produced otherwise within its possession. Motion to reconsider denied; motion for certification for immediate interlocutory appeal denied.

Battin v. Temple, 37 D.&C. 4th 510 (1997)

Defendants were not entitled to summary judgment or a nonsuit based on the doctrine of assumption of risk where plaintiff, in his attempt to enter defendants’ garage facility, encountered generally icy conditions with no alternative means of access.

Crawford v. Nedurian, 20 D.&C. 4th 419 (1994)

In determining whether hospital incident reports are immune from discovery under the Peer Review Protection Act, 63 P.S. §425.1, et seq., a court will conduct an in camera inspection.

Cruz v. Wanamaker, 18 D.&C. 4th 410 (1993)
In a medical malpractice action, defendants will be precluded from calling as an expert witness at trial, or introducing the report of, a physician who was consulted by plaintiff for a second opinion and who was subsequently retained by plaintiff as an expert witness but whom plaintiff does not intend to call at trial.

Steinbacher v. Mariano, 19 D.&C. 4th 399 (1992)

The Peer Review Protection Act, 63 P.S. § 425.1, et seq., protects from discovery memoranda, documents and evaluations generated by a review committee or in response to a request by a review committee with regard to nurses’ credentials.

Rogers v. Soldiers & Sailors Memorial Hospital, 16 D.&C. 4th 573 (1991)
Causes of action against a hospital based upon negligence and corporate and vicarious liability will be dismissed where the allegations are conclusory in nature and do not set forth any facts.

Campana v. Robert Packer Hospital, 12 D.&C. 4th 343 (1991)

Since a hospital has a duty to supervise medical practitioners and to formulate and enforce rules to ensure quality care, it may be held liable for a physician’s failure to obtain a patient’s informed consent.

Allen v. Lipson, 8 D.&C. 4th 390 (1990)

Pa.R.C.P. 1030, which requires all affirmative defenses to be raised in new matter, must be read in pari material with Rule 1019(a), which requires the material facts on which a cause of action or defense is based to be stated in a concise and summary form, and thus defenses to a cause of action must be specifically pled.

Blue Cross v. Platt, 400 Pa. Super. 613, 576 A.2d 1129 (1990) (memorandum affirming without opinion)

Provisions in the contract granting subrogation rights do not bind employees receiving medical benefits from a healthcare provider under a contract between a health care provider and the employer. Lower court opinion is found at 3 D.&C.4th 561 (1989).

People v. Martin, 37 A.D. 923, 326 N.Y.S.2d 990 (1971)

Clifford Rieders, on the brief, affirming order of the Supreme Court, Kings County, dated November 17, 1970. No opinion.

Attorney Cliff Rieders

Cliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]