Saul Ewing LLP

Centre Square West 1500 Market Street, 38th Floor
Philadelphia, PA 19102-2186, United States

  • (215) 972-7777
  • (215) 972-7725

Missouri Court of Appeals Rejects Insurers’ Appeal of Jury Verdict on Bad Faith Failure to Settle, but Remands for New Trial on Amount of Compensatory Damages and Liability for Punitive Damages

Advantage Bldgs. & Exteriors, Inc. v. Mid-Continent Cas. Co., No. WD76880, 2014 WL 4290814 (Mo. Ct. App. Sept. 2, 2014), reh’g and/or transfer denied (Sept. 30, 2014). Missouri Court of Appeals affirms sufficiency of…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Business Torts, Insurance

Florida District Court of Appeal: Insurer’s Liability For Breach Of Contract Need Not Be Determined Before Bad Faith Claim Ripens

Cammarata v. State Farm Florida Insurance Company, No. 4D13-185 (Fla. Dist. Ct. App. Sept. 3, 2014) (en banc). Clarifying recent conflicting precedents, the Florida District Court of Appeal for the Fourth District held…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance, Real Estate - Residential

Florida District Court of Appeal: A Prematurely Filed Bad Faith Claim Does Not Compel Dismissal

Safeco Ins. Co. of Ill. v. Beare, No. 4D13-3104, 2014 WL 4626851 (Fla. Dist. Ct. App. Sept. 17, 2014). The Fourth District Court of Appeal of the State of Florida denies an insurer’s petition seeking review of the trial…more
| Civil Procedure, Commercial Law & Contracts, Insurance

In New Jersey, arbitration clauses in consumer contracts are unenforceable when the parties to the contracts do not explicitly waive their right to seek relief in a court

The Supreme Court for the State of New Jersey held that the failure to include specific trial by jury waiver language in arbitration clauses renders them unenforceable in consumer contracts, notwithstanding the fact that said…more
| Alternative Dispute Resolution (ADR), Commercial Law & Contracts, Consumer Protection, Law Practice Products & Services

OIG Proposes New Safe Harbors Under Anti-Kickback Statute and Civil Monetary Penalty Regulations

In the Friday, October 3, 2014 issue of the Federal Register (79 F.R. 59717 et. seq), the Department of Health and Human Services (“HHS”) Office of Inspector General (“OIG”) published a proposed rule (“Proposed Rule”) to amend…more
| Health, Science, Computers, & Technology

Whistleblower verdict upheld against Chicago State University

A Cook County judge recently upheld the verdict in a whistleblower case against Chicago State University. In February 2014, former university employee James Crowley told a jury that Chicago State fired him after he reported…more
| Administrative Law, Civil Remedies, Education, Labor & Employment Law, Nonprofit Law

EPA Proposes Requirements to Reduce Discharges of Mercury from Dental Offices

On September 25, 2014, the U.S. Environmental Protection Agency (EPA) proposed new requirements aimed at decreasing discharges of dental amalgam (which contains mercury and other metals) into our public water. At this time, some…more
| Environmental Law, Health

SEC gives first whistleblower award to audit and compliance employee

The Securities and Exchange Commission has underscored the importance of a timely response to internal reports of wrongdoing by awarding $300,000 to a whistleblower who was an audit and compliance employee…more
| Civil Remedies, Labor & Employment Law, Securities Law

Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases

In Brief - Recently, several courts have dismissed False Claims Act suits after determining that the allegations involved “conditions of participation” rather than “conditions of payment” and therefore did not involve…more
| Civil Procedure, Health, Government Contracting

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower verdict…more
| Criminal Law, Education, Government Contracting, Health, Securities Law

Bad Faith Sentinel - September 2014

In This Issue: - Southern District of New York: It is Unlawful for an Insurer to Withhold Payment When Some Portion on an Insured’s Entitlement is Undisputed - Eastern District of Pennsylvania: State Farm Cannot…more
| Insurance

Eleventh Circuit: Florida Law Does Not Equate Mere Negligence with Bad Faith

Kincaid v. Allstate Prop. and Cas. Ins. Co., No. 2:13-cv-014030, 2014 WL 3733758 (11th Cir. Jul. 30, 2014) - The Eleventh Circuit holds that under Florida law, negligence does not equate to bad faith, and under the…more
| Civil Procedure, Commercial Law & Contracts, Personal Injury, Insurance

Eastern District of Pennsylvania Denies Bad Faith Claim in Homeowner’s Policy Dispute

White v. Metro. Direct Prop. and Cas. Ins. Co., Civ. A. No. 13-434 (E.D. Pa. July 29, 2014) - Eastern District of Pennsylvania enters summary judgment for the insurer on statutory bad faith claim in coverage dispute…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

Eastern District of Pennsylvania: State Farm Cannot Refuse Appraisal of Superstorm Sandy Damage

Currie v. State Farm Fire & Cas. Co., No. CIV.A. 13-6713, 2014 WL 4081051 (E.D. Pa. Aug. 19, 2014). After Superstorm Sandy damaged the insureds’ house, they and their insurer came to markedly different assessments of the…more
| Civil Procedure, Commercial Law & Contracts, Business Torts, Insurance, Real Estate - Residential

Business Associate Agreement September 22 Deadline; Same Sex Marriage Guidance Released

There are two important updates with respect to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). First, on September 17, 2014, the U.S. Department of Health and Human Services (HHS) issued guidance to…more
| Civil Rights, Privacy, Health, Science, Computers, & Technology
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