Articles & Updates
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...
Healthcare Providers – Legally Immune from COVID?
Article by Michelle Kaminski, Esq. This research was conducted in regard to civil immunity in professional liability actions, secondary to the...
Supreme Court of Pennsylvania Holds That “Cause of Death” Refers Specifically to Medical Cause of Death Under MCARE
Article by Kenneth Rafferty, Esq. The Supreme Court of Pennsylvania held that the phrase “cause of death” refers specifically to medical cause of...
How Delays from the Pandemic are Changing the Landscape for Relief in Medical Malpractice Lawsuits & Putting a Strain on Insurers
Article by Mark Derner, Esq. The cogs of justice in our society move very slowly, even more so with the fallout from a global pandemic. The court...
Attorney Lyda Interviewed Regarding Heightened Concerns in Food Industry Injuries
Attorney T.H. Lyda was interviewed in an article published in the Business Insurance online publication on March 15, 2023. The...
No Bad Faith for “Reasonable, Not Perfect” Claims Handling
Article by Adam Murdock, Esq. The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment after finding that...
No Bad Faith or “Nefarious Purpose” in Updating Liability Assessment & Settlement Value
Article by Adam Murdock, Esq. The Middle District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith claim...
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. Published in the Professional Liability Defense Quarterly, Volume 15, Issue 1 in March...
Pennsylvania Supreme Court Enforces Household Vehicle Exclusion
Article by Daniel Twilla, Esq. and Josephine Mlakar, Law Clerk The Pennsylvania Supreme Court recently affirmed that the household vehicle exclusion...
Asserting Immunity from Tort Liability as a Statutory Employer
Article by Alana Staniszewski, Esq. The Pennsylvania Superior Court recently dove into the depths of the Pennsylvania Workers’ Compensation Act...
Insured’s Failure to Obtain Consent to Settlement Deemed Prejudicial
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss breach of contract and bad faith claims with prejudice after...
Western District Finds No Bad Faith For Policy Interpretation Based On Unsettled Law
Article by Daniel Inadomi, Esq. The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and denied an...
Third Circuit Charts Path for Standing in Data Breach Litigation
Article by Daniel W. Inadomi, Esq. In a precedential opinion, the Third Circuit clarified the nature of the “injury-in-fact” that could give rise to...
No Bad Faith For “Proper” Investigation & Plaintiff’s Own Delay
The Eastern District of Pennsylvania granted an insurer’s motion for partial summary judgment and dismissed a bad faith claim after finding that the...
Third Circuit: Falsified Invoices Are ‘Undoubtedly Material’ During Claim Process
Article by Daniel Inadomi, Esq. The Third Circuit recently affirmed a District Court’s granting of summary judgment in favor of an insurer on...
Significant Changes are Coming to the Davis-Bacon Act
Attorneys Kurt Fernsler, Esq., Richard Saxe, Esq., and Law Clerk Jane Schleicher discuss the significant changes to the David-Bacon Act that will...
What Does Voluntary Withdrawal from the Workforce Mean for the Employer?
Article by Alana Staniszewski, Esq. Under Pennsylvania Workers’ Compensation Law, generally, an employer may seek a suspension of a Claimant’s...
Key Doctrines to Raise in Defending FELA Cases
Article by Holly Olarczuk-Smith, Esq. The Federal Employers' Liability Act ("FELA") is a federal statute that provides a cause of action against a...
The Double-Edged Sword: Building A Strong Defense
Article by Courtney Barbacane, Esq. My stream of consciousness is enough to make you seasick. I am a former plaintiffs' attorney, who transitioned...
The Developing Privacy Landscape for Financial Institutions
Article by Daniel Inadomi, Esq. published in For the Defense DRI Magazine, October 2022 Issue Issued October 2022 Focusing on the privacy...
COVID-19 Concerns in Workers’ Compensation Claims
Article by Danielle Parks, Esq. published in The Legal Intelligencer Posted on October 5, 2022 COVID-19 has injected itself into virtually every...
Appellate Advocacy: 5 Keys to Developing Persuasive Briefs & Oral Arguments
Article by Holly Olarczuk-Smith, Esq. Representing a client on appeal is wholly unlike representing a client at trial. Effective appellate advocacy...