Articles & Updates
Key Changes to the Venue Rules for Medical Professional Liability Claims in Pennsylvania
Article by Daniel Margonari, Esq. On Thursday, August 25, 2022, the Pennsylvania Supreme Court eliminated the venue carve-out applicable to medical...
Does a Plaintiff’s Illegal Action Preclude Recovery as a Matter of Law?
Article by Josey Richards, Law Clerk A recurring issue is whether drug and rehabilitation centers can assert the defense of comparative negligence...
Supreme Court of Ohio Finds Anti-Blocking Statute is Federally Pre-Empted & Cannot be Enforced Against Railroad
Article by Colleen Mountcastle, Esq. In State v. CSX Transp., Inc., Slip Opinion No. 2022-Ohio-2832, the Supreme Court of Ohio found that Ohio’s...
Is an Employer Liable to Purchase a New Home for an Injured Worker?
Article by Stephen Perrott, Esq. and Joseph Romano, Esq. In a recent Decision, the Commonwealth Court of Pennsylvania held that while an employer is...
Construction Materials: Where Are You and Why Do You Cost So Much?
Article by D. Matthew Jameson III, Esq., published in The Legal Intelligencer Posted on August 9, 2022 The COVID-19 pandemic has disrupted the...
Courts Find Direct Repair Claims Not So Direct
Article by Daniel Twilla, Esq. and Kathleen Dapper. Esq., published in The Legal Intelligencer Posted on July 26, 2022 Pennsylvania bad-faith...
Back to School, Back to Masks?
Article by Kerven Moon, Esq. and Kiley Verbanac, Law Clerk While the seasons have changed and the weather has gotten warmer, one thing has remained...
Ethical Issues in Employment Law: When Is (and Isn’t) Joint Representation Permitted?
Article by Douglas Hart, Esq. From inadvertently disclosing electronic records in discovery to dealing with third-party payment issues (i.e., when...
Pennsylvania Supreme Court Grants Allowance of Appeal in Regular Use Exclusion Case
Article by Kathleen P. Dapper, Esq. The Pennsylvania Supreme Court has granted the petition for allowance of appeal in Rush v. Erie Insurance...
Provider Liability Under EMTALA: An Overview
Article by Ryan King, Esq. The Emergency Medical Treatment and Active Labor Act (EMTALA) is a federal law that Congress enacted in 1986 to prevent...
New Jersey Appellate Division Finds Exclusion To Be A Hidden Trap
Article by Kaavya Ramesh, Esq. The Superior Court of New Jersey, Appellate Division, recently found that the intra-family liability step-down...
Why Do I Need An Estate Plan?
Article by Aleksandra Kocelko, Esq. Many people are quick to dismiss the need for an estate plan. They might make excuses like, “I’m too young to...
Non-Competes & Other Restrictive Covenants: What Employers In PA Need To Know
Article by Courtney Brennan, Esq. Non-competes and other restrictive covenants are important tools for employers in Pennsylvania. By using these...
The Expansion Of Telemedicine: Opportunities & Challenges For Healthcare Providers In Pennsylvania
Article by: Ryan J. King, Esq. Even before the COVID-19 pandemic, the popularity of telemedicine was exploding. In 2019, Healthcare Finance...
Childhood Vaccine Injury Act’s Limitations On Vaccine Recipients’ Right To Sue
Article by Megan Kelleher, published in The Legal Intelligencer Posted on March 27, 2022 Enacted in 1986, the National Childhood Vaccine Injury Act...
Pennsylvania Supreme Court Grants Allowance Of Appeal In Stacking Case
Article by Kaavya Ramesh, Esq. The Pennsylvania Supreme Court recently granted a Petition for Allowance of Appeal in a case involving the issue of...
Cybersecurity Incident Reporting For CIRCIA 2022 Establishes New Requirements For Critical Infrastructure Companies
Article by Lyle Washowich, Esq. and Daniel Inadomi, Esq. On March 15, 2022, President Biden signed the Cybersecurity Incident Reporting for...
Pennsylvania Contractors Working On Out-Of-State Projects, Beware…
Article by Gerard Hornby, Esq. In February, the Pennsylvania Superior Court handed down a decision that has important implications for Pennsylvania...
“Continued” Denial Of Coverage Does Not Extend Statute Of Limitations
Article by Kaavya Ramesh, Esq. The Western District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding...
HIPAA Compliance: A Primer For Healthcare Providers
Article by Ryan King, Esq. Each year, health systems and individual health providers incur millions of dollars in fines for violating the Health...
Cleaner Materials & Project Labor Agreements: Recent Construction Law Developments From The Federal Government
Article by Gerard Hornby, Esq. In the first few months of 2022, the Biden Administration has made several decisions impacting contractors pursuing...
Privacy, Possession & Preservation: E-Discovery Considerations For Pennsylvania Employers
Article by Courtney Brennan, Esq. While e-discovery has always presented challenges, these challenges have become even more pronounced with the...
“Premium-Reducing” RV Policy Stacking Waiver Upheld
Article by Daniel Inadomi, Esq. The Western District of Pennsylvania recently found that an insured failed to state a claim for breach of contract...
New Jersey Insurance Fair Conduct Act Passed, On Governor’s Desk
Article by: Daniel Inadomi, Esq. On January 10, 2022, the New Jersey Senate passed S.B. 1559, known as the New Jersey Insurance Fair Conduct Act...
PA Supreme Court Decision: Reasonable Contest Attorney’s Fees Under Pennsylvania Workers’ Compensation Act
Article by Alana Staniszewski, Esq. On December 22, 2021, the Pennsylvania Supreme Court issued a unanimous decision in Lorino v. W.C.A.B....
Reasonable Belief as to Mutual Mistake in Coverage Limit Results in Summary Judgment for Insurer
Article by Daniel Inadomi, Esq. A federal court in the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment,...
Traveling Employees? What Is Your Liability?
Article by Danielle Parks, Esq. As COVID restrictions are lifted and employers move into their post-pandemic reality, many employers are resuming...
Using Judicial Estoppel To Prevent Employees From Pursuing Fraudulent Claims
Article by Nicole Bazzy, Esq. Judicial estoppel is an equitable doctrine that allows the courts to use their inherent discretion to prohibit...
Wages, Overtime, Security & COVID-19 Screenings: What Pennsylvania Employers Need To Know
In Pennsylvania, employers’ obligations to pay minimum wages and overtime are primarily governed by two statutes: (i) the federal Fair Labor...
Railroad Industry COVID-19 Whistleblower Update
Article by Jeffrey Jackson, Esq. The Federal Railroad Safety Act (FRSA) is a key piece of federal legislation for railroads and their employees....