Saul Ewing LLP

Attorney General Crackdown on DBE/MBE Representations in Subcontracts

The Massachusetts Attorney General is taking action to ensure that general contractors working on public construction are complying with state requirements to use DBE/MBE subcontractors…more
| Construction Law, Government Contracting

Public Owners Held to Warrant Accuracy of Plans to Construction Managers

A recent Massachusetts Supreme Judicial Court decision clarified that public owners on construction management projects impliedly warrant the accuracy of plans and specifications to construction managers. The case, Coghlin…more
| Construction Law, Government Contracting, Real Estate - Commercial, Real Estate - Residential

Pennsylvania Court Refuses to Enforce “No Damages for Delay” Clause

A Pennsylvania appellate court recently refused to enforce a “no damages for delay” clause and upheld an award of delay damages against a school district where the district actively interfered with a general contractor’s work…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Construction Law, Government Contracting

Negligent Misrepresentation Standard Shifts in Contractor’s Favor with Pennsylvania Appellate Ruling

Contractors and subcontractors who are aggrieved by erroneous information on construction documents may have an easier time proving an architect or other design professional made a negligent misrepresentation that harmed them…more
| Business Torts, Civil Procedure, Construction Law, Real Estate - Commercial

Reports Instruct Office of Civil Rights to Increase HIPAA Enforcement Activities

On September 29, 2015, the Office of Inspector General (OIG) released two reports that reviewed the Office of Civil Rights’ (OCR) enforcement of the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The first…more
| Health, Privacy

New Jersey Appellate Division Holds that Mandatory Arbitration Provisions Contained in Employee Handbooks are Unenforceable

New Jersey employers’ mandatory arbitration policies are likely to be found unenforceable when contained in an employee handbook, the New Jersey Appellate Division recently ruled. In C.M. v. Maiden Re Insurance Services, LLC,…more
| Alternative Dispute Resolution (ADR), Labor & Employment Law

Bad Faith Sentinel - September 2015

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation…more
| Civil Procedure, Commercial Law & Contracts, Insurance

District of Colorado Grants Summary Judgment for Insurer on Bad Faith Claim Arising from Denial of Coverage Under E & O Policy

P&S LLC v. Nat’l Union Fire Ins. Co. of Pittsburgh, Pa., No. 14-cv-00735-LTB-CBS (D. Colo. July 29, 2015). District of Colorado grants summary judgment for insurer on bad faith claim where insurer established that an…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Mergers & Acquisitions

Liability for Unintentional Bird Deaths Still Up in the Air

The recent Fifth Circuit Court of Appeals decision that unintentional bird deaths under the Migratory Bird Treaty Act (“MBTA”) are not “takes” under the MBTA and therefore not subject to criminal liability, adds fodder to the…more
| Energy & Utilities, Environmental Law, Zoning, Planning & Land Use

Southern District of Ohio: No Coverage Equals No Bad Faith

Schmidt v. The Travelers Indem. Co. of Am., No. 1:13-CV-932, 2015 WL 4538118 (S.D. Ohio July 27, 2015). A law firm that lost more than $141,000 in an online scam lost its coverage dispute with its insurer but still tried to…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance

Court of Appeals of Wisconsin: Insured Must Be “Made Whole” For Total Loss Before Insurer Can Recover Subrogated Funds

Dufour v. Progressive Classic Ins. Co., No. 2014AP157, 2015 WL 4275292 (Wis. Ct. App. July 16, 2015). The Court of Appeals of Wisconsin reverses the Circuit Court for Dodge County and remands for proceedings on damages for…more
| Business Torts, Civil Remedies, Commercial Law & Contracts, Insurance, Personal Injury

Eastern District of Pennsylvania: Insureds’ Negligence And Unfair Trade Practices Claims Against Adjusters Are Colorable Under Pennsylvania Law

Kennedy v. Allstate, No. 15-2221 (E.D. Pa. July 8, 2015). District Court recognizes possibility that insurance adjusters owe a duty of care to insureds that would be breached by failing to conduct a reasonable investigation…more
| Alternative Dispute Resolution (ADR), Business Torts, Civil Procedure, Insurance, Personal Injury

$750,000 Settlement Agreement Reiterates Importance of HIPAA Security Rule Compliance

On September 2, 2015, the U.S. Department of Health and Human Services ("HHS") announced that it had entered into a Settlement Agreement with an Indiana-based medical practice for alleged violations of the Health Insurance…more
| Consumer Protection, Privacy, Health, Science, Computers, & Technology

Construction Law Advisory - August 2015

Pennsylvania’s Contractor and Subcontractor Payment Act (“CASPA”) is a powerful tool for contractors and subcontractors to ensure that they receive prompt payment for their work and may entitle them to expansive remedies, such…more
| Alternative Dispute Resolution (ADR), Communications & Media Law, Construction Law, Government Contracting, Transportation

AAA Issues Revised Rules for Arbitration in Construction Industry Disputes

The American Arbitration Association recently updated its Construction Industry Arbitration Rules and Mediation Procedures, effective July 1, 2015. There are six new rules, some of which are borrowed from litigation procedures…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Construction Law, Electronic Discovery
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Centre Square West 1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States

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100+ Attorneys

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