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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....
Reliance On Expert Opinions Demonstrates Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer immediately...
OSHA Issues Emergency Temporary Standard Mandating COVID-19 Vaccinations, or Testing/Face Covering for Employers
On November 5, 2021, the Occupational Safety and Health Administration (OSHA) issued an Emergency Temporary Standard (ETS), requiring that employers...
UTPCPL Claim Against Insurance Professional Fraudulently Joined
In Holohan v. Mid-Century Ins. Co., the Eastern District of Pennsylvania denied an insured’s motion to remand under the fraudulent joinder doctrine...
Insurer Obtains Summary Judgment in Body Shop Litigation
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract, bad...
The COVID-19 Pandemic & Its Impact On Commercial Leasing
Approximately 18 months have passed since the first coronavirus (COVID-19) shutdowns were imposed. Much has changed. In the commercial lease...
Summary Judgment To Insurer: Continuing Investigation & Negotiation Implies Reasonableness
The Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed the insureds’ bad faith claim after...
Put a Ring On It!
Article by Aleksandra Kocelko, Esq. If you are glued to your TV on Monday nights watching The Bachelorette speak her mind and hand out red roses,...
Professional Liability & COVID: What Healthcare Providers In Pennsylvania Need To Know
Article by Andrew Hazi, Esq. and Ali Erndl, Esq. The COVID-19 pandemic has strained Pennsylvania’s healthcare system in unprecedented ways. In...
No “Doubt” UIM Rejection Form Valid
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment and dismissed claims for breach of contract and bad...
“Participation Theory” Insufficient to Render Liability Against Insurance Professional
The Western District of Pennsylvania recently granted an insurer’s motion to dismiss claims asserted against an insurance adjuster after finding...
Kids & Custody
Article by Aleksandra Kocelko, Esq. Parents beginning the custody process often ask how the children may be involved. Attorneys are often asked at...
What Information Should A Company Include In Its Employee Handbook?
Article by Mark Sottile, Esq. Employee handbooks serve a variety of purposes. While handbooks serve to establish expectations for employers and...
UTPCPL Claim Against Insurance Agent Found “Colorable”
Judge Horan of the United States District Court for the Western District of Pennsylvania recently granted an insureds’ motion to remand after...
Federal Court Finds No Interception Of Online Shoppers’ Data By Third-Party Advertising Company
Article by Daniel Inadomi, Lyle Washowich, and Marvi Wahla A recent federal court ruling in a matter of first impression could have broad...
No Obligation to Pay “Undisputed Amount”
The Eastern District of Pennsylvania recently denied an insured’s motion for summary judgment after finding that an insurer did not concede...
What Is Legal Custody?
Article by Aleksandra Kocelko, Esq. Parents beginning the custody process are often unfamiliar with the terms and phrases used by lawyers in court....
Do’s & Don’ts Of Your Initial Separation
Article by Aleksandra Kocelko, Esq. The initial days and weeks following a separation are emotional and challenging. The choices made during this...
Are You Prepared For A Data Breach?
Article by Daniel Inadomi, Esq. Data breaches are a source of major concern for companies across all industries, and for good reason: a data breach...
Appraisal Provision Enforced
In a dispute involving the appraisal provision of a residential insurance policy, the Eastern District of Pennsylvania granted an insurer’s motion...
Sayles Does Not Preclude Request For IME
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss a bad faith claim after finding that the insurer did not act in...
PA Federal Court Clarifies: Damage to Product due to Defective Design and Workmanship is Not an “Occurrence”
The Eastern District of Pennsylvania recently held that three insurance companies are not obligated to defend or indemnify Tristar Products Inc. in...
“Red Flags” Provide “Ample Basis for Denial” of Theft Claim
The Western District of Pennsylvania recently granted an insurer’s motion for summary judgment to dismiss a bad faith claim after finding that the...
COVID-19 Litigation: What Employers Need to Know
Article by Courtney C. Brennan, Esq. For employers of all sizes, the COVID-19 pandemic has presented a host of challenges. From keeping pace with...
Pennsylvania Federal District Court Rules That Putative Class Members May Be Interviewed By Defendant
Article by Lyle D. Washowich, Esq. A recent ruling by a Pennsylvania Federal District Court addresses whether putative class members may be...
PA Federal Court Denies Retailer’s 12(b)(6) Motion In COVID-19 Products Liability Case
Article by Gerard Hornby, Esq. In May 2020, Dennis Avicolli purchased hand sanitizer. Two months later, the manufacturer recalled the product...
Medical Marijuana: What Do Employers Need To Know?
Article by Doug Hart, Esq. As more states make the push to legalize marijuana, employers are increasingly facing challenges related to employee...
No Bad Faith In Denial Based Upon Disputed Residency
A judge in the Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment and dismissed a bad faith claim...
Update: Pa. Superior Court Holds That Plaintiff Must Be Found Comparatively Negligent For Fair Share Act To Apply
A Superior Court panel in Spencer v. Johnson, et. al., 2021 PA Super 48 (2021) has held that a plain reading of the Fair Share Act limits...