Articles & Updates
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...
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...