LEGAL MALPRACTICE-WORKERS’ COMPENSATION CLAIM-SETTLEMENT

July 2nd, 2015 by Rieders Travis in Legal Malpractice

Silvagni v. Schorr, 113 A.3d 810 (Pa. Super. 2015).  This case was based upon an attorney malpractice where it is claimed by claimant that the attorney malpracticed in the handling of a workers’ compensation claim.  The claimant said that the attorney gave him incorrect legal advice that ultimately led to a compromise and release.  The claimant said that but for the incorrect legal advice, he would not have agreed to the terms of the settlement.  Unless the workers’ compensation claimant had specifically pled, and could prove, that the attorneys fraudulently induced him into signing the Compromise and Release Agreement, or he could prove that the attorney failed to explain the effect of that settlement, or that the settlement was somehow legally deficient, the former client is barred from maintaining an action in negligence against the lawyer.  It is clear that the lawyers were entitled to summary judgment as a matter of law.  There was no abuse of discretion in granting the attorneys summary judgment.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff 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 ]

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