Articles & Updates
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...
Divorce? Not Us: Understanding the Importance of a Prenuptial Agreement
by Kerven M. Moon, Esquire The term “prenuptial agreement,” often shortened to “prenup” or called a premarital agreement, often has a negative...
Superior Court Confirms No Institutional Bad Faith, No UTPCPL Liability Arising From Claims Handling Misconduct
The Superior Court of Pennsylvania recently held that Pennsylvania does not recognize a separate cause of action for institutional bad faith under...
PA Supreme Court to Provide Guidance on Application of the Mental Health Procedures Act
by Brett J. Engelkraut, Esquire Pennsylvania’s Mental Health Procedures Act (MHPA) provides limited liability protection for physicians, hospitals,...
Brian Kane Offers Post-Tincher Updates in DRI’s The Voice
Trial attorney Brian Kane penned an article for Defense Research Institute's, The Voice, focusing on the impact that Tincher v. Omega Flex has had...
Scrutinizing Cy Pres Class Action Settlements—Recent Court Trends
Article by Lyle Washowich, Esq. and Gerard Hornby Trial courts play a unique role in class action settlements. Under Federal Rule of Civil...
Linde V. Linde: PA Superior Court’s Latest Take on the Business Judgment Rule
by Mary-Jo Rebelo, Esquire and Taylor Davis, Esquire Summary The Pennsylvania Superior Court’s recent opinion in Linde v. Linde, et al. offers a...
PA Superior Court Holds that PTSD Could Be Covered as “Bodily Injury” if it Resulted from Physical Injury
On December 4, 2019, the Pennsylvania Superior Court, in a published opinion, held that post traumatic stress disorder (“PTSD”) could be covered as...
To Delete or Not Delete: When Can Patient Records be Modified?
By Courtney C. Barbacane, Esquire Maintaining complete and accurate patient records is a crucial component of quality assurance and clinical care....
Duty to Defend – Third Circuit Reaffirms Four Corners Rule, Even if There is the Possibility of Facts Within Coverage
The Third Circuit recently held that an insurance carrier did not have a duty to defend a lawyer and his law firm against a former client’s lawsuit....
Seven Year Statute of Repose Ruled Unconstitutional
Article by Daniel J. Margonari, Esq. On October 31, 2019, the Pennsylvania Supreme Court, in Yanakos v. UPMC, 10 WAP 2018 (Pa. 2019), removed the...
Western District Declines to Extend Gallagher Analysis to Regular Use Exclusion
The United States District Court for the Western District of Pennsylvania recently held that the Pennsylvania Supreme Court’s decision in Gallagher...
Advanced Directives and Incapacity: When Should a Person’s Wishes be Overridden?
Article by Holli K. Bott, Esq. Burns White recently handled a matter in which a hospital sought to change a patient’s code from Full Code to DNR....
DataQs: How and Why Trucking Companies Should Challenge FMCSR Violations
Article by David R. Chludzinski, Esq. For most companies in the commercial trucking industry, managing safety and managing costs are two key...
Pennsylvania Supreme Court Upholds Unlisted Resident Driver Exclusion
The Supreme Court of Pennsylvania recently affirmed the Superior Court’s order holding that the unlisted resident driver exclusion (“URDE”) in an...
The Risk of Medical Malpractice Lawsuits for Opioid-Prescribing Physicians
Article by Andrew Hazi, Esq. As the nation’s opioid epidemic continues, physicians are increasingly facing scrutiny with regard to their...
Middle District Holds That De Minimis Procedural Defect In Removal Does Not Require Remand
The United States District Court for the Middle District of Pennsylvania recently denied an insured’s motion to remand, holding that a de minimis...
Eastern District Holds that Four Year Statute of Limitations Applies to Gallagher Claims
The United States District Court for the Eastern District of Pennsylvania recently held that the four year statute of limitations for breach of...
Off the Rails: Preparing for and Handling Derailment Claims
Article by Nicole Bazzy, Esq. July 2019 marks the sixth anniversary of one of the largest train derailment disasters in North American history. It...
U.S. Department of Labor Issues New Wage and Hour Opinion Letters Regarding FLSA Compliance
On July 1, 2019, the United States Department of Labor (“DOL”) issued three new opinion letters from the Department’s Wage and Hour Division...
Eastern District Grants Summary Judgment to Insurer on Coverage and Bad Faith Claims
The United States District Court for the Eastern District of Pennsylvania recently granted an insurer’s motion for summary judgment as to both the...
Superior Court Holds that Extrinsic Evidence Should Not Be Considered When Determining Duty to Defend
The Superior Court of Pennsylvania recently held that extrinsic evidence could not be used in determining whether an insurer had a duty to defend....
U.S. Supreme Court Holds Plaintiffs May Not Recover Punitive Damages In Maritime Unseaworthiness Cases
On June 24, 2019, the United States Supreme Court held that a plaintiff may not recover punitive damages on a claim of unseaworthiness in a 6-3...
Crisis Management: Is Your Organization Prepared to Execute a Rapid Response?
By Stuart T. O'Neal III, Esquire and Anne Schmidt Frankel, Esquire Allegations of sexual assault. Violence in the workplace. Claims of professional...
Proposed Changes to Medical Malpractice Venue Rules Met with Opposition; Decision Delayed for Now
Article by Ashley Griffin The Medical Care Availability and Reduction of Error Act, otherwise known as the MCARE Act, 40 P.S. §1303.101, et. seq.,...