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![Medical Marijuana: What Do Employers Need To Know?](https://burnswhite.com/wp-content/uploads/2021/04/Marijuana-scaled-1-1080x675.jpg)
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](https://burnswhite.com/wp-content/uploads/2020/06/gavel1440x990-1080x675.jpg)
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](https://burnswhite.com/wp-content/uploads/2020/05/shutterstock_307415057-1080x675.jpg)
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...
![Age Discrimination In The Workplace: What Is It & How Can Employers Prevent It?](https://burnswhite.com/wp-content/uploads/2021/03/absolutvision-bSlHKWxxXak-unsplash-scaled-1-1080x675.jpg)
Age Discrimination In The Workplace: What Is It & How Can Employers Prevent It?
By Mark Sottile, Esq. The Age Discrimination in Employment Act (ADEA) makes it unlawful for employers to make employment-related decisions like...
![Update: Pa. Superior Court Holds That Plaintiff Must Be Found Comparatively Negligent For Fair Share Act To Apply](https://burnswhite.com/wp-content/uploads/2020/05/shutterstock_307415057-1080x675.jpg)
Household Vehicle Exclusion Upheld By Third Circuit
The Third Circuit recently affirmed that the household vehicle exclusion in an automobile insurance policy may be applied to bar stacked...
![No Bad Faith In Concluding Injury Would Not Breach Limited Tort](https://burnswhite.com/wp-content/uploads/2020/10/Gavel1440x900-1080x675.jpg)
No Bad Faith In Concluding Injury Would Not Breach Limited Tort
The Middle District of Pennsylvania recently granted an insurer’s motion for partial summary judgment to dismiss a bad faith claim after finding...
![International Women’s Day 2021](https://burnswhite.com/wp-content/uploads/2021/03/Final-Womens-Day-Graphic-1080x675.jpg)
International Women’s Day 2021
We’re celebrating International Women’s Day (IWD)—recognizing all the remarkable women helping the firm to support its clients! IWD recognizes the...
![Update: Pa. Superior Court Holds That Plaintiff Must Be Found Comparatively Negligent For Fair Share Act To Apply](https://burnswhite.com/wp-content/uploads/2020/05/shutterstock_307415057-1080x675.jpg)
PA Supreme Court Finds “Strict Liability” Applies to Catch-All UTPCPL Provision
In a 4-3 decision, the Supreme Court of Pennsylvania recently held that a “strict liability” standard applies to a claim under the “catch-all”...
![No Bad Faith In Denial Based Upon Disputed Residency](https://burnswhite.com/wp-content/uploads/2020/06/gavel1440x990-1080x675.jpg)
Court Finds Reservation of Rights Effective as to Successive Policies
Reaffirms That Scope of Coverage is Not Subject to Waiver, Foreseeable Damage to Third Party Property Is Not an Occurrence, and There Can Be No Bad...
![No Bad Faith In Concluding Injury Would Not Breach Limited Tort](https://burnswhite.com/wp-content/uploads/2020/10/Gavel1440x900-1080x675.jpg)
Bad Faith Verdict Upheld – But No Punitives
The Superior Court of Pennsylvania recently affirmed a trial court’s finding that an insurer acted in bad faith by i) “failing” to adequately...
![PA Supreme Court Denies Driver’s “Sudden Emergency” Defense for Striking Pedestrian](https://burnswhite.com/wp-content/uploads/2021/01/Crosswalk-Pedestrian-scaled-1-1080x675.jpg)
PA Supreme Court Denies Driver’s “Sudden Emergency” Defense for Striking Pedestrian
Article by Brian Kane, Esq. and Taylor Davis, Esq. The Pennsylvania Supreme Court recently overturned a trial court’s decision to instruct the jury...
![Pennsylvania Federal Court Allows Claims To Proceed in Putative Class Action Data Breach Lawsuit](https://burnswhite.com/wp-content/uploads/2021/01/cybersecurity-scaled-1-1080x675.jpg)
Pennsylvania Federal Court Allows Claims To Proceed in Putative Class Action Data Breach Lawsuit
Article by Lyle Washowich, Esq. On January 5, 2021, the U.S. District Court for the Middle District of Pennsylvania issued an important decision...
![Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”](https://burnswhite.com/wp-content/uploads/2020/05/Atty-gavel-1080x675.jpg)
Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”
The Western District of Pennsylvania recently granted a motion to compel the production of an insurer’s “best practices” guide, which the insurer...
![No Bad Faith In Concluding Injury Would Not Breach Limited Tort](https://burnswhite.com/wp-content/uploads/2020/10/Gavel1440x900-1080x675.jpg)
Summary Judgment for Insurer in Dispute Over Payment of “Undisputed” Amount
The Federal District Court for the Western District of Pennsylvania recently granted an insurer’s motion for partial summary judgment as to a bad...
![Third Circuit Affirms: Four Corners Rule Does Not Apply to Non-Insureds](https://burnswhite.com/wp-content/uploads/2020/04/photo-1575505586569-646b2ca898fc-1080x666.jpg)
Third Circuit Affirms: Four Corners Rule Does Not Apply to Non-Insureds
The Third Circuit Court of Appeals recently affirmed a District Court’s decision to grant an insurer’s motion for summary judgment because the...
![Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”](https://burnswhite.com/wp-content/uploads/2020/05/Atty-gavel-1080x675.jpg)
No Bad Faith For Alleged Failure To Uncover Applicable Limits
The United States District Court for the Western District of Pennsylvania recently granted an insurer’s motion for summary judgment on a bad faith...
![Court Finds Insurer Too Late To Litigate After Setting Up A “Hostage Situation”](https://burnswhite.com/wp-content/uploads/2019/12/Gavel-1440x900-1-1080x675.jpg)
Court Finds Insurer Too Late To Litigate After Setting Up A “Hostage Situation”
A federal district court recently concluded that an insurer which had denied defense and indemnification obligations to its insured was too late to...
![Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”](https://burnswhite.com/wp-content/uploads/2020/05/Atty-gavel-1080x675.jpg)
Court Finds Insured Cannot “Side-Step” Statute of Limitations
A federal court recently granted summary judgment in favor of two insurers based upon the statute of limitations after concluding that the statute...
![Active Shooter Incidents: Prevalence, Theories of Liability, and Best Practices for Risk Mitigation](https://burnswhite.com/wp-content/uploads/2020/11/pexels-monicore-134065-scaled-1-1080x675.jpg)
Active Shooter Incidents: Prevalence, Theories of Liability, and Best Practices for Risk Mitigation
By Nicole E. Bazzy, Esq. The number of active shooter incidents in the United States more than doubled from 2010 through 2018 compared to the prior...
![When Do Employees Have a Reasonable Expectation of Privacy?](https://burnswhite.com/wp-content/uploads/2020/08/social-media1440x990-scaled-1-1080x675.jpg)
When Do Employees Have a Reasonable Expectation of Privacy?
By Douglas C. Hart, Esq. While the COVID-19 crisis spurred a shift to remote employment at an unprecedented rate, even before the pandemic began,...
![Insurer’s “Best Practices” Required To Be Produced To Law Firm Representing “Injured People”](https://burnswhite.com/wp-content/uploads/2020/05/Atty-gavel-1080x675.jpg)
$20,000 Theft Claim Results in $1,000,000 + Bad Faith Award
Following a bench trial in which bad faith was found against an insurer that denied its insured’s theft and vandalism claims, the Court of Common...
![Third Circuit Issues Guidance on “Unfairness” in Chapter 11 Cramdown](https://burnswhite.com/wp-content/uploads/2020/02/Employment-Handbook-1080x675.jpg)
Third Circuit Issues Guidance on “Unfairness” in Chapter 11 Cramdown
In the bankruptcy case of In Re: Tribune Company, et al., 2020 WL 5035797, the Third Circuit recently issued a decision determining that a Chapter...
![$1,000,000 Typo Not Binding as to Coverage Limit](https://burnswhite.com/wp-content/uploads/2019/08/ICEC-1440x900-1-1080x675.jpg)
$1,000,000 Typo Not Binding as to Coverage Limit
The Superior Court of Pennsylvania recently affirmed a trial court’s order granting summary judgment in favor of an insurer on breach of contract...
![Handling Challenging Situations in Today’s Complex and Dynamic Work Environment](https://burnswhite.com/wp-content/uploads/2021/03/pexels-pixabay-357514-scaled-1-1080x675.jpg)
Handling Challenging Situations in Today’s Complex and Dynamic Work Environment
Employers face numerous risks on a day-to-day basis. In order to manage these risks effectively, employers must first be aware that they exist and...
![Employee Payroll Tax Withholding Deferral](https://burnswhite.com/wp-content/uploads/2019/07/payroll-1440x900-1-1080x675.jpg)
Employee Payroll Tax Withholding Deferral
Summary of Employee Payroll Tax Withholding Deferral Program On August 8, 2020, President Trump issued a Presidential Memorandum directing the...
![Despite 21 Million Reasons, No Supreme Court Decision in Bad Faith Case](https://burnswhite.com/wp-content/uploads/2019/07/Insurance-Law-1440x900-1-1080x675.jpg)
Despite 21 Million Reasons, No Supreme Court Decision in Bad Faith Case
The Supreme Court of Pennsylvania was unable to reach a majority disposition in Berg v. Nationwide and dismissed the appeal, effectively upholding...
![Court Finds Insurer Too Late To Litigate After Setting Up A “Hostage Situation”](https://burnswhite.com/wp-content/uploads/2019/12/Gavel-1440x900-1-1080x675.jpg)
“Deems Expedient” Clause Results in Expedient Dismissal of Bad Faith Lawsuit Over Settlement of Claim
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss breach of contract and bad faith claims after finding that the...
![FMCSA New Hours of Service Guidelines Issued for Truck Drivers](https://burnswhite.com/wp-content/uploads/2020/07/TruckDriver1440x990-scaled-1-1080x675.jpg)
FMCSA New Hours of Service Guidelines Issued for Truck Drivers
By Gilda M. Arroyo, Esq. The Federal Motor Carrier Safety Administration (“FMCSA”) has issued a Final Rule revising the hours of service regulations...
![Citing ‘Shifting Landscape,’ Court Declares Regular Use Exclusion Invalid](https://burnswhite.com/wp-content/uploads/2020/01/Gavel1440x900-1080x675.jpg)
Citing ‘Shifting Landscape,’ Court Declares Regular Use Exclusion Invalid
The Court of Common Pleas of Northampton County recently granted an insured’s motion for partial summary judgment after holding that the regular use...
![Employee Personal Travel During COVID-19](https://burnswhite.com/wp-content/uploads/2020/06/travel1440x900-1080x675.jpg)
Employee Personal Travel During COVID-19
By Mary-Jo Rebelo, Esq. The 2019 novel coronavirus (COVID-19) is presenting challenging issues for employers as many employees and their families...