Articles & Updates
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...
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
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
We’re celebrating International Women’s Day (IWD)—recognizing all the remarkable women helping the firm to support its clients! IWD recognizes the...
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”...
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...
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
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
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”
The Western District of Pennsylvania recently granted a motion to compel the production of an insurer’s “best practices” guide, which the insurer...
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
The Third Circuit Court of Appeals recently affirmed a District Court’s decision to grant an insurer’s motion for summary judgment because the...
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”
A federal district court recently concluded that an insurer which had denied defense and indemnification obligations to its insured was too late to...
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
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?
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,...
$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
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
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
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
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
The Supreme Court of Pennsylvania was unable to reach a majority disposition in Berg v. Nationwide and dismissed the appeal, effectively upholding...
“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
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
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
By Mary-Jo Rebelo, Esq. The 2019 novel coronavirus (COVID-19) is presenting challenging issues for employers as many employees and their families...
PA Supreme Court Issues New Guidance for Employers Seeking to Enforce Restrictive Covenants
In a case decided on June 16, 2020, the Supreme Court of Pennsylvania held that for a restrictive covenant executed after the first day of...
16 and Married No More and Other Changes from Act 18 to the Domestic Relations Statute
By Kerven M. Moon, Esq. Earlier this month, the Pennsylvania General Assembly amended its Domestic Relations (title 23 of the Pennsylvania...
Household Exclusion Enforced: Gallagher Distinguished
The Western District of Pennsylvania recently granted an insurer’s motion for judgment on the pleadings after holding that the Pennsylvania Supreme...