Articles & Updates
Honesty is the Best Policy – Material Misrepresentation Leads to Grant of Summary Judgment for Insurer
Article by Adam Murdock, Esq. and Daniel Twilla, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment...
Significant New WV Decision on Trigger of Coverage
Article by Nicholas Blevins, Esq. The Supreme Court of Appeals of West Virginia recently held that a “continuous-trigger” theory applies to...
Construction Law 2023 – The Year in Review
Attorneys Matthew Jameson and Daniel Maier discuss various topics and construction law changes from this past year. Topics include cybersecurity...
Protections for Pregnant and Nursing Employees in the Workplace
Article by Courtney Brennan published in The Legal Intelligencer Issued October 19, 2023 The PWFA and PUMP Act extends protections to nursing...
Virtual or In Person—Where Do We Go From Here?
Article by Samantha Weigand published in The Legal Intelligencer Issued October 4, 2023 The majority of workers’ compensation hearings and...
“Perfection” Not Required: Third Circuit Affirms Summary Judgment to Insurer
Article by Adam Murdock, Esq. The Third Circuit Court of Appeals recently affirmed a District Court’s grant of summary judgment after concluding...
Dangers of Failing to Preserve Video Evidence
Article by Samuel Evans and Brian Kane, Esq. A Pennsylvania federal judge recently sanctioned Burlington Stores for failing to preserve video...
Is Emotional Distress Covered as a Bodily Injury?
Article by Kathleen Dapper, Adam Murdock, and Daniel Twilla. published in The Legal Intelligencer Issued August 24, 2023 Awaiting argument at the...
Eastern District Holds No Claim for “Pandemic-Related Losses” Without “Direct Physical Loss or Damage”
Article by Adam Murdock, Esq. The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion to...
Case Dismissed – Federal Court Finds “Totality” of Allegations Insufficient to Support Bad Faith Complaint
Article by Adam Murdock, Esq. The United States District Court for the Western District of Pennsylvania recently granted an insurer's motion to...
Pennsylvania Supreme Court Addresses Constitutional Boundaries of Punitive Damage Awards
Article by Daniel Twilla, Esq., Daniel Inadomi, Esq., and Adam Murdock, Esq. The Supreme Court of Pennsylvania recently approved the “per-defendant...
A Review of Major Topics in Professional Liability: Corporate Negligence in Pennsylvania
Article by Kenneth H. Rafferty, II, Esq. Pennsylvania Courts have adopted the doctrine of corporate negligence as a theory of hospital...
A Review of Major Topics in Professional Liability: Peer Review Protection Act
Article by Josey Richards, Law Clerk This memorandum was drafted to provide an overview of the Peer Review Protection Act (“PRPA”) and relevant case...
A Review of Major Topics in Professional Liability: Punitive Damages & Gross Negligence
Article by Delann Fraschetti Finch, Esq. Defining Gross Negligence Under Pennsylvania, the plaintiff has the burden to prove that a defendant was...
A Review of Major Topics in Professional Liability: The “Usual Stipulations” & How To Be Conscious Of Pitfalls
Article by Mark Derner, Esq. If you have ever read a deposition transcript or been present at a deposition you may come across the phrase “usual...
A Review of Major Topics in Professional Liability: Comparative Negligence
Article by Na Lee Ha, Esq. Comparative negligence reduces a plaintiff’s recoverable damages by their own degree of negligence. Pennsylvania follows...
A Review of Major Topics in Professional Liability: Ostensible Agency
Article by Michelle D. Kaminski, Esq. The rule of ostensible agency is heavily relied upon in the world of professional liability, particularly in...
Illegal Action As A Bar To Recovery: In Pari Delicto In The Healthcare Malpractice Context
Article by Anne Frankel, Esq., and Josey Richards, Law Clerk This article discusses whether drug and rehabilitation centers may assert the defense...
McLaughlin v. Nahata, 2023 WL 4842015: An Overview
Article by Alexandra Hambsch, Law Clerk The following offers a brief overview of the unpublished decision, McLaughlin v. Nahata, 2023 WL 4842015,...
The Importance of Nursing Documentation in Medical Negligence Litigation
Article by Ryan King, Esq. While nursing documentation plays an important role in patient care, it also plays a key role in medical negligence...
The Providing Urgent Maternal Protections for Nursing Mothers Act (PUMP) & The Pregnant Workers Fairness Act (PWFA)
Article by Mary-Jo Rebelo, Esq., Courtney Brennan, Esq., and Miranda Aristone, Law Clerk In the past 6 months, Congress passed two pregnancy-related...
Attorney Jafry Mentioned Regarding Opposition to Change-of-Venue Motion
Attorney Ahsan Jafry was mentioned in an article published in New Jersey Law Journal online publication on May 16, 2023. The article by Charles...
Preparing for an Appeal in Ohio: Preserving Issues at Trial & Understanding the Applicable Standard of Review
Article by Holly Olarczuk-Smith, Esq. Trial lawyers must wear several hats. Along with managing the various stages of the pre-trial process,...
The Interplay of Workers’ Compensation, FMLA & ADA
Article by Courtney Brennan, Esq. and Mary-Jo Rebelo, Esq. When an employee becomes injured on the job, becomes ill, or has a disability they may be...
No Bad Faith for “Thorough Investigation”
Article by Adam Murdock, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims...
Middle District Finds No Bad Faith for Genuine Disputes of Non-Material Facts
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s partial motion for summary judgment and dismissed an...
Understanding Dog Bite Negligence Laws: Navigating Common Law Liability Defenses on Property Claims
Article by McCall Chafin, Esq. Today, dog bite claims almost always involve a claim for statutory liability pursuant to Pennsylvania’s Dog Law...
Attorneys’ Fees Awarded Following UTPCPL Verdict & Treble Damages
Article by Adam Murdock, Esq. Following a recent award for Plaintiffs against a residential construction company for breach of warranty and...
Autopsy, Cremation & the Spoliation of Evidence in Wrongful Death Cases
Article by Courtney Barbacane, Esq., published in The Legal Intelligencer Posted on March 28, 2023 What happens when an autopsy is performed,...
Effective Appellate Advocacy in Ohio: 10 Tips for Success on Appeal
Article by Holly Olarczuk-Smith, Esq. While there are several steps involved in presenting a successful case on appeal, crafting the appellate brief...