Articles & Updates
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...
Analysis of Pennsylvania Governor Tom Wolf’s Executive Order Extending Immunity to Healthcare Professionals Responding to COVID-19
On May 6, 2020, Governor Wolf issued an Executive Order [hereinafter “Order”] to “Enhance Protections for Healthcare Professionals.” The Order...
COVID-19 and Third Party Liability Claims in the Retail and Hospitality Industry
By Brian S. Kane, Esquire and Gerard Hornby One of the biggest risks posed to the retail and hospitality industry by the COVID-19 crisis is the...
Coronavirus and the Americans with Disabilities Act: How Small and Mid-Size Businesses Can Help Protect Themselves from Litigation
By Mark T. Sottile, Esq. As the reported coronavirus death and hospitalization rates begin to level in the country’s most hard hit areas, a...
Despite Attorney Fee Award Six Times Greater than Contract Claim, Superior Court Affirms
The Superior Court of Pennsylvania recently affirmed an award of attorney’s fees in the amount of $34,850, holding that the trial court did not...
Creating a Safe and Healthy Workplace for Employees During and After COVID-19
By Angela A. Cronk, Esquire Recently, the White House issued a set of federal guidelines for reopening the U.S. economy with a three-phase,...
Returning Employees to the Office After COVID-19 Shutdowns
By Angela A. Cronk, Esquire COVID-19 has shuttered the doors of almost every business office in the Northeast. Employers have furloughed employees...
What is the “Standard of Care” in a Pandemic?: Medical Malpractice Defense in Response to a Public Health Emergency
By Megan B. Kelleher, Esquire In this unprecedented COVID-19 pandemic, healthcare providers have been forced to walk a fine line between their...
Effects of the COVID-19 Pandemic on the Trucking Industry and the Response From the FMCSA
Trucks move roughly 71.4% of the nation’s freight by weight. According to the U.S. Department of Transportation, as of May 2019, the number of...
PA Supreme Court Finds Duty to Defend “Accidental” Shooting During Otherwise Intentional Acts
On April 22, 2020, in a 4-3 decision, the Supreme Court of Pennsylvania held that an insurer had a duty to defend a Lawsuit that was filed by a man...
Law Permitting Alcohol Home Delivery for Beer Breweries and Restaurants During, and After, the COVID-19 Crisis
By Joshua D. Brown, Esquire As with most Pennsylvania businesses, the present COVID-19 crisis has been enormously stressful and rapid fire for many...
Summary Judgment Granted After Finding Insurer Reasonably Relied Upon An Independent Expert
The Eastern District of Pennsylvania recently granted an insurer’s Motion for Partial Summary Judgment and dismissed a bad faith claim after finding...
Estate Planning During COVID-19: Understanding the Basics
The current COVID-19 pandemic has caused an increased interest in estate planning. While it’s always good to...
CARES Act’s Impact on the Bankruptcy Code
The CARES Act (see my prior posts online at Burns White's COVID Resource Center), signed into law by President Trump on March 27, 2020, not only...
Court Finds That An Insurer Does Not Act in Bad Faith by Revisiting an Acceptance of Coverage
The Eastern District of Pennsylvania recently granted a defendant insurer’s Motion for Partial Summary Judgment to dismiss a bad faith claim after...
States Respond to COVID-19 to Protect Healthcare Workers
By Maria Granaudo Gesty, Esquire At least three states have responded to the COVID-19 state of emergency by enacting added protections for...
U.S. Treasury Issues Interim Final Rule on Paycheck Protection Program
The U.S. Treasury has now issued an Interim Final Rule (“IFR”) on the implementation of the Paycheck Protection Program (“PPP”) created by the CARES...
Bankruptcy and Creditors’ Rights COVID-19 Update – April 1, 2020
SUMMARY ON CURRENT FUNDING INITIATIVES FOR BUSINESSES IN THE CARES ACT AND PENNSYLVANIA COVID-19 ECONOMIC RELIEF EFFORTS Many businesses are stuck...
PA CARE Package Announced
On March 30, 2020, Attorney General Josh Shapiro announced the launch of the PA CARE Package. The program will focus on partnering with banks...
Coronavirus Ethics Tips for Pennsylvania Lawyers
By Scott R. Eberle, Co-Chair of the Ethics and Legal Malpractice Practice Group The COVID-19 crisis has brought unique challenges to all lawyers,...
District Court Grants Insurer’s Motion to Dismiss Extracontractual Claims for Failure to State a Claim
The Eastern District of Pennsylvania recently granted an insurer’s motion to dismiss claims for statutory bad faith and violations of the Unfair...
Eastern District Court Grants Summary Judgment On Bad Faith Claim After Finding An Alleged Fifteen-Month Delay Is Not Bad Faith
A court in the Eastern District of Pennsylvania recently granted an insurer’s Motion for Partial Summary Judgment after finding that the insurer did...
COVID-19: Impact on PA Construction Industry
COVID-19 is causing unprecedented disruption to the economy, including the construction industry. Governor Wolf’s March 19 Order came with a matrix*...
Custody in the Time of COVID-19: 5 Recommendations
by Aleksandra J. Kocelko, Esq. While the COVID-19 pandemic may have most people telecommuting, purchasing essential items and practicing social...
COVID-19: What Employers Need to Know and FAQs on Federal Labor and Employment Laws
The coronavirus, or COVID-19, has been designated a pandemic. A pandemic is a global epidemic. The U.S. Department of Health and Human Services...
Reducing Risk Under the Emergency Medical Treatment and Active Labor Act (EMTALA)
by Ryan J. King, Esquire Passed in 1986, the Emergency Medical Treatment and Active Labor Act (EMTALA) was intended to prevent emergency departments...
3rd Circuit Holds That Commercial Auto Policy Limiting UIM Coverage to Vehicles Owned by Named Insured Violates PA MVFRL
The Third Circuit recently held that an insurance policy provision limiting underinsured motorist (“UIM”) coverage was invalid and unenforceable to...
PA Supreme Court Rules Allocation Scheme of Fair Share Act Doesn’t Apply to Strict Liability Asbestos Cases
by George "Jerry" S. Bobnak, Esq. and Michael H. Malin, Esq. On February 19, 2020, the Pennsylvania Supreme Court issued its long-awaited opinion on...