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   CLIFFORD A. RIEDERS, ESQUIRE
CURRICULUM VITAE
Revised: November 14,
2014
Home Address: 1600 North Campbell Street
Williamsport, PA 17701
Office Address: Rieders, Travis, Humphrey, Harris, Waters & Dohrmann
161 West Third Street
PO Box 215
Williamsport, PA 17703-0215
Phone: (570) 323-8711
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, born 12/16/77; 2004 Graduate of Cardozo
Kaila Pauline Rieders, born 9/8/90
Joshua Herbert Rieders, born 12/10/93
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
Admitted: 1974 - New York Court of Appeals
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1975 - Supreme Court of Pennsylvania
1975 - District of Columbia Court of Appeals
1975 - United States District Court, Middle District of Pennsylvania
1977 - United States Court of Appeals, Third Circuit
1979 - United States Supreme Court
1980 - United States Court of Appeals, Second Circuit
1983 - United States Court of Claims
1986 - United States Court of Appeals for the Federal Circuit
1994 - United States District Court, Southern District of New York
1994 – United States District Court, Eastern District of New York
2001 – United States District Court, Northern District of New York
2014 – United States District Court, Western District of New York
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.
Named as a Pennsylvania Super Lawyer 2004, 2006, and 2014, Philadelphia
Magazine.
June 26, 2011, selected as a Top Attorney in Pennsylvania by Philadelphia
Magazine
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: 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.
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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 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
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
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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
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
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Lycoming County 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
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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 County Trial Lawyers Group,
now renamed North Central Pennsylvania Trial Lawyers Association:
Founder and Past Chairperson
President, Political Action Committee
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 Register’s Who’s Who in Executives and Professionals
National Trial Lawyers – Nominated for membership in the Top 100
Trial Lawyers for 2011 and 2012
New York State Bar Association – member
New York University, Faculty of Arts and Science, Taub Center for
Israel Studies – Taub Center Board of Advisors
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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.
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
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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
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 MalpracticeSubcommittee for
Professional TortsDamagesCausationGeneral TortsSeptember 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 TrialFebruary 22, 2007 –
Speaker – “Preparing Your Witness to Testify: Tips and Techniques to Win
Your Case,” – Mechanicsburg, PACivil 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 2005
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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:
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 C. 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 BoardCommittee
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, 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.
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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
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
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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.
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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.
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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
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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
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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
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.
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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?
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:
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April 19, 2001 – Conducting class to physicians’ assistants on
medical malpractice issues.
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, Humphrey, Harris, Waters & Dohrmann
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
Past President, Treasurer, and current Vice President
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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
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• “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
-20-
• “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
-21-
• “The Hobby Lobby case is no kid stuff,” September 25, 2014
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
-22-
• “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
-23-
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
-24-
• “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
-25-
• “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, 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.
-26-
• “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, Vol. 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 Williams. 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.
-27-
• 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
-28-
• “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.
-29-
• “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
-30-
• “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
-31-
• “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?”, March9,
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
-32-
• “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
• “Taking my Name in Vein,” January 3, 2013, unknown if published
or where
• “Medicare Changes are a Comin’,” January 24, 2013, unknown if
published or where
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• “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
• “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
• “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
• “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
• “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
• “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
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• “Malcolm Muir; The Movie,” October 23, 2014, unknown if
published or where
Sample Quotations
In the Press Quoted in article “In Pa., first lady defends stem-cell ban,” The Philadelphia
Inquirer, 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.
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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,” The 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
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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
-37-
“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
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
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“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
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
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Managing Partner, Rieders, Travis, Humphrey, Harris, Waters &
Waffenschmidt
Managing Partner, Rieders, Travis, Humphrey, Harris, Waters,
Waffenschmidt & Dohrmann
Managing Partner, Rieders, Travis, Humphrey, Harris, Waters & Dohrmann
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.
-40-
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
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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
-42-
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
-43-
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.
Stahl v. Redcay, D.O., et al., 897 A.2d 478 (Pa. Super. 2006). The
trial court found defense counsel in civil contempt for causing a
mistrial in a medical malpractice action and imposing sanctions in the
amount of over $52,000 payable to counsel for plaintiffs. The court’s
ruling is subject to review and has no foundation of record, absent a
definite, clear and specific prior order in the record prohibiting the
use at trial of evidence of mother smoking during pregnancy as the
cause of the minor child’s alleged birth defects. Accordingly, the
Superior Court reversed.
Ÿ 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.
Women’s Law Project, Philadelphia
Zionist Organization of America
-44-
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
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
-45-
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
-46-
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
-47-
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
-48-
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
-49-
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
-50-
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
-51-
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.
-52-
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.
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Cliff's CV

  • 1. -1-     CLIFFORD A. RIEDERS, ESQUIRE CURRICULUM VITAE Revised: November 14, 2014 Home Address: 1600 North Campbell Street Williamsport, PA 17701 Office Address: Rieders, Travis, Humphrey, Harris, Waters & Dohrmann 161 West Third Street PO Box 215 Williamsport, PA 17703-0215 Phone: (570) 323-8711 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, born 12/16/77; 2004 Graduate of Cardozo Kaila Pauline Rieders, born 9/8/90 Joshua Herbert Rieders, born 12/10/93 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 Admitted: 1974 - New York Court of Appeals
  • 2. -2- 1975 - Supreme Court of Pennsylvania 1975 - District of Columbia Court of Appeals 1975 - United States District Court, Middle District of Pennsylvania 1977 - United States Court of Appeals, Third Circuit 1979 - United States Supreme Court 1980 - United States Court of Appeals, Second Circuit 1983 - United States Court of Claims 1986 - United States Court of Appeals for the Federal Circuit 1994 - United States District Court, Southern District of New York 1994 – United States District Court, Eastern District of New York 2001 – United States District Court, Northern District of New York 2014 – United States District Court, Western District of New York 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. Named as a Pennsylvania Super Lawyer 2004, 2006, and 2014, Philadelphia Magazine. June 26, 2011, selected as a Top Attorney in Pennsylvania by Philadelphia Magazine 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: 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.
  • 3. -3- 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 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 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
  • 4. -4- 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 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
  • 5. -5- Lycoming County 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
  • 6. -6- 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 County Trial Lawyers Group, now renamed North Central Pennsylvania Trial Lawyers Association: Founder and Past Chairperson President, Political Action Committee 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 Register’s Who’s Who in Executives and Professionals National Trial Lawyers – Nominated for membership in the Top 100 Trial Lawyers for 2011 and 2012 New York State Bar Association – member New York University, Faculty of Arts and Science, Taub Center for Israel Studies – Taub Center Board of Advisors
  • 7. -7- 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. 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
  • 8. -8- 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 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 MalpracticeSubcommittee for Professional TortsDamagesCausationGeneral TortsSeptember 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 TrialFebruary 22, 2007 – Speaker – “Preparing Your Witness to Testify: Tips and Techniques to Win Your Case,” – Mechanicsburg, PACivil 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 2005
  • 9. -9- 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: 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 C. 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 BoardCommittee 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, 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.
  • 10. -10- 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 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
  • 11. -11- 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.
  • 12. -12- 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.
  • 13. -13- 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
  • 14. -14- 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
  • 15. -15- 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 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.
  • 16. -16- 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? 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:
  • 17. -17- April 19, 2001 – Conducting class to physicians’ assistants on medical malpractice issues. 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, Humphrey, Harris, Waters & Dohrmann 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 Past President, Treasurer, and current Vice President
  • 18. -18- 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
  • 19. -19- • “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
  • 20. -20- • “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
  • 21. -21- • “The Hobby Lobby case is no kid stuff,” September 25, 2014 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
  • 22. -22- • “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
  • 23. -23- 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
  • 24. -24- • “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
  • 25. -25- • “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, 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.
  • 26. -26- • “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, Vol. 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 Williams. 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.
  • 27. -27- • 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
  • 28. -28- • “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.
  • 29. -29- • “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
  • 30. -30- • “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
  • 31. -31- • “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?”, March9, 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
  • 32. -32- • “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 • “Taking my Name in Vein,” January 3, 2013, unknown if published or where • “Medicare Changes are a Comin’,” January 24, 2013, unknown if published or where
  • 33. -33- • “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 • “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 • “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 • “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 • “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 • “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
  • 34. -34- • “Malcolm Muir; The Movie,” October 23, 2014, unknown if published or where Sample Quotations In the Press Quoted in article “In Pa., first lady defends stem-cell ban,” The Philadelphia Inquirer, 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.
  • 35. -35- 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,” The 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
  • 36. -36- 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
  • 37. -37- “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 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
  • 38. -38- “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 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
  • 39. -39- Managing Partner, Rieders, Travis, Humphrey, Harris, Waters & Waffenschmidt Managing Partner, Rieders, Travis, Humphrey, Harris, Waters, Waffenschmidt & Dohrmann Managing Partner, Rieders, Travis, Humphrey, Harris, Waters & Dohrmann 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.
  • 40. -40- 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
  • 41. -41- 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
  • 42. -42- 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
  • 43. -43- 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. Stahl v. Redcay, D.O., et al., 897 A.2d 478 (Pa. Super. 2006). The trial court found defense counsel in civil contempt for causing a mistrial in a medical malpractice action and imposing sanctions in the amount of over $52,000 payable to counsel for plaintiffs. The court’s ruling is subject to review and has no foundation of record, absent a definite, clear and specific prior order in the record prohibiting the use at trial of evidence of mother smoking during pregnancy as the cause of the minor child’s alleged birth defects. Accordingly, the Superior Court reversed. Ÿ 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. Women’s Law Project, Philadelphia Zionist Organization of America
  • 44. -44- 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 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
  • 45. -45- 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
  • 46. -46- 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
  • 47. -47- 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
  • 48. -48- 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
  • 49. -49- 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
  • 50. -50- 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
  • 51. -51- 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.
  • 52. -52- 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.