Articles & Updates
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...
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...