The Supreme Court of Pennsylvania was unable to reach a majority disposition in Berg v. Nationwide and dismissed the appeal, effectively upholding...
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Best Lawyers in America® Recognizes Burns White Attorneys
Best Lawyers in America announced today that 24 Burns White attorneys have been selected by their peers as The Best Lawyers in America© for 2021....
Webinar – Best Practices: Employee Evaluations and Performance Reviews
Date: Wednesday, August 19 at 12:00 p.m. EST Speaker: Jeffrey Alder, Esq. Materials: Read the transcription here Credits: PA CLE, SHRM, HRCI credits...
O’Neal and Sottile Obtain Dismissal of Healthcare Organization on New Jersey Negligence Action
Burns White attorneys Stuart O’Neal and Mark Sottile obtained a complete dismissal of a negligence matter on behalf of a healthcare provider and...
“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...
Webinar: The Americans with Disabilities Act: Are You Compliant?
Date: Thursday, July 30 at 12:00 p.m. EST Speaker: Mark T. Sottile, Esq. Materials: Read the transcription here Credits: PA CLE, SHRM, HRCI credits...
Rebelo, Brennan Obtain Summary Judgment for Nonprofit Organization
Burns White attorneys Mary-Jo Rebelo and Courtney C. Brennan won summary judgment in the United States District Court for the Western District of...
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...
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...
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*...
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...
Summary Judgment for Area Hospital Obtained in Corporate Negligence Action
Burns White attorney, Daniel Margonari, obtained a summary judgment for a Pennsylvania hospital in a case brought by a former patient who developed...
Trial Court Holds That Household Exclusion Remains Valid When Insured Has Rejected Stacking
A Pennsylvania trial court has held that the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO does not preclude application of the...
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...
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...
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...
Impact of ‘Berg v. Nationwide’: Will It Change Bad Faith Law in PA?
Article by Kathleen Dapper, Esq. and Daniel Twilla, Esq., published on the Legal Intelligencer Published on August 16, 2019 On its face, the...
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...
Thomas Kelly to Compare PA v NJ Workers’ Compensation Laws on WWDB 860 AM
How do Workers' Compensation laws in Pennsylvania vary from those in New Jersey? Tune in to hear Thomas Kelly share his legal insights on WWDB 860...
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...
Workers’ Compensation Seminar in Pittsburgh
Burns White and Marsh hosted a seminar at Burns White Center on Thursday, April 25. Attendees heard from a panel of risk experts as they discussed...