Articles + Updates

Divorce? Not Us: Understanding the Importance of a Prenuptial Agreement

by Kerven M. Moon, Esquire The term “prenuptial agreement,” often shortened to “prenup” or called a premarital agreement, often has ...
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Superior Court Confirms No Institutional Bad Faith, No UTPCPL Liability Arising From Claims Handling Misconduct

The Superior Court of Pennsylvania recently held that Pennsylvania does not recognize a separate cause of action for institutional bad ...
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PA Supreme Court to Provide Guidance on Application of the Mental Health Procedures Act

by Brett J. Engelkraut, Esquire Pennsylvania’s Mental Health Procedures Act (MHPA) provides limited liability protection for physicians, hospitals, and certain ...
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Brian Kane Offers Post-Tincher Updates in DRI’s The Voice

Trial attorney Brian Kane penned an article for Defense Research Institute's, The Voice, focusing on the impact that Tincher v ...
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Scrutinizing Cy Pres Class Action Settlements—Recent Court Trends

Article by Lyle Washowich, Esq. and Gerard Hornby Trial courts play a unique role in class action settlements.  Under Federal ...
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Linde V. Linde: PA Superior Court’s Latest Take on the Business Judgment Rule

by Mary-Jo Rebelo, Esquire and Taylor Wantz, Esquire Summary The Pennsylvania Superior Court’s recent opinion in Linde v. Linde, et ...
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PA Superior Court Holds that PTSD Could Be Covered as “Bodily Injury” if it Resulted from Physical Injury

On December 4, 2019, the Pennsylvania Superior Court, in a published opinion, held that post traumatic stress disorder (“PTSD”) could ...
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To Delete or Not Delete: When Can Patient Records be Modified?

By Courtney C. Barbacane, Esquire Maintaining complete and accurate patient records is a crucial component of quality assurance and clinical ...
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Duty to Defend – Third Circuit Reaffirms Four Corners Rule, Even if There is the Possibility of Facts Within Coverage

The Third Circuit recently held that an insurance carrier did not have a duty to defend a lawyer and his ...
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Seven Year Statute of Repose Ruled Unconstitutional

Article by Daniel J. Margonari, Esq. On October 31, 2019, the Pennsylvania Supreme Court, in Yanakos v. UPMC, 10 WAP ...
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