Publications
Expert testimony needed for both breach of contract claim and negligence claim.
The Superior Court held that expert testimony was necessary to determine whether an attorney failed to exercise a reasonable degree of care and skill relating to the handling of a real estate transaction because the question was outside the normal
Case Law Alerts, 2nd Quarter, April 1, 2016
Failure to preserve issues on appeal.
The Superior Court agreed with the trial court that the plaintiff failed to preserve any issues on appeal where his concise statement filed pursuant to Pa. R. App. P. 1925(a) was impermissibly vague and mere boilerplate.
Case Law Alerts, 2nd Quarter, April 1, 2016
Pennsylvania Superior Court reiterates two-pronged test for bad faith; ill-will or self-interest not required for first part.
The Pennsylvania Superior Court confirmed that the test for bad faith in Pennsylvania consists of two prongs: (1) the insurer did not have a reasonable basis for denying benefits under the policy; and (2) the insurer knew or recklessly disregarded
Case Law Alerts, 2nd Quarter, April 1, 2016
Pennsylvania Supreme Court determines that attorneys’ fees are not recoverable damages if the insurer challenges a provider’s invoice via a peer review process.
The insurer denied reimbursement for those treatments found to be unnecessary by way of a peer review.
Case Law Alerts, 2nd Quarter, April 1, 2016
Delaware Supreme Court determines that a claim that an insurer acted in bad faith by failing to settle a third-party claim accrues when an excess judgment against the insured is final and non-appealable.
Joining courts from other jurisdictions, the Delaware Supreme Court sided with the insured that, for the purposes of the statute of limitations, a claim for bad faith on the part of the insurer, by failing to settle a third-party claim, accrues wh
Case Law Alerts, 2nd Quarter, April 1, 2016
I have a First Amendment right to observe and record! Or so I thought.
The United States District Court for the Eastern District of Pennsylvania finds there is no First Amendment right to observe and record police officers absent some other expressive conduct.
Case Law Alerts, 2nd Quarter, April 1, 2016
The test to determine if a misrepresentation is actionable under federal securities law.
The plaintiff filed a complaint alleging, among other things, that the defendant misrepresented its business practices and risk controls in violation of the federal securities laws.
Case Law Alerts, 2nd Quarter, April 1, 2016
When a claimant chooses to litigate a discrimination claim, a court must consent to a respondent’s request to transfer claims from arbitration to court.
The plaintiff, a former employee of the defendant, filed an arbitration in FINRA asserting various non-discrimination claims, including tortious interference with contractual relations and infliction of emotional distress.
Case Law Alerts, 2nd Quarter, April 1, 2016
Superior Court affirms denial of employer’s termination petition as labor market survey evidence did not establish that employment was available to claimant who was an undocumented worker.
The Industrial Accident Board made three critical findings in reaching its decision denying the employer’s termination petition: (1) the employer met the burden of showing that the claimant was medically employable; (2) the claimant had rebu
Case Law Alerts, 2nd Quarter, April 1, 2016
Petitioner is not entitled to temporary disability benefits when he cannot establish any promise or prospect of employment that he must forego due to his work injury.
Finding the petitioner “somewhat lacking in candor,” the Judge of Compensation also found that the record was devoid of evidence that the petitioner had any promise or prospect of employment that he had to forego due to his disability;
Case Law Alerts, 2nd Quarter, April 1, 2016