Saul Ewing LLP

Supreme Court Affirms Exchange Subsidies; Health Care Reform Continues

On June 25, 2015, the United States Supreme Court (the "Court"), in the high-profile decision of King v. Burwell, upheld the availability of tax credits under the Affordable Care Act ("ACA") for individuals purchasing health…more
| Health, Insurance, Taxation

Delaware Rapid Arbitration Act Rules Effective June 22, 2015

The Delaware Rapid Arbitration Act (DRAA) now has rules. Enacted earlier this year, the intent of the DRAA is to serve as an alternative, confidential and cost-effective forum for binding arbitrations involving Delaware…more
| Alternative Dispute Resolution (ADR), Business Organizations

Physician Directorships the Focus of New Fraud Alert

On June 9, 2015, the Department of Health and Human Services Office of Inspector General (OIG) published a one-page fraud alert entitled, "Physician Compensation Arrangements May Result in Significant Liability." This is the 3rd…more
| Commercial Law & Contracts, Health

Pennsylvania Court Refuses to Create a Duty of Care to Protect Confidential Personal Data

On May 28, 2015, Judge R. Stanton Wettick, Jr. refused to create a new cause of action sounding in negligence allowing a claim for damages resulting from improper disclosure of confidential personal and financial…more
| Civil Procedure, Personal Injury, Privacy, Business Torts, Science, Computers, & Technology

Class Action Allegations Can Be Properly Stricken on a Motion to Dismiss in New Jersey

The New Jersey Appellate Division recently affirmed the dismissal of plaintiffs’ class allegations in Myska, et al. v. New Jersey Manufacturers Ins. Co., et al., Docket Nos. A-4398-13T4 and A-0275-14T4 (App. Div. May 8, 2015)…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Supreme Court Rules that Good-Faith Belief in Patent Invalidity is Not a Defense to Induced Infringement

The U.S. Supreme Court ruled that a defendant’s good-faith belief in the invalidity of a patent is not a defense to an induced infringement claim. The Court also affirmed its previous holdings that an induced infringement claim…more
| Civil Procedure, Intellectual Property, Science, Computers, & Technology

Court Enjoins Outpatient Primary Care Physician’s New Employment as a Hospitalist

A Pennsylvania appellate court recently granted an employer’s request for enforcement of a restrictive covenant against a hospitalist, finding that his departure from the primary care office setting did not affect the terms of…more
| Civil Procedure, Commercial Law & Contracts, Health, Labor & Employment Law

Legislation Proposed In New Jersey to Alert Patients to Out-of-Network Costs

On May 14, 2015, four New Jersey legislators introduced the Out-of-Network Consumer Protection, Transparency, Cost Containment and Accountability Act (the "Legislation"). If enacted, the Legislation would increase health care…more
| Elections & Politics, Consumer Protection, Health

District of Colorado: “First-Party Claimant” Under State Bad Faith Statute is Not Synonymous With First-Party Bad Faith Under Common Law

Nat’l Union Fire Ins. Co. of Pittsburgh, PA v. Intrawest ULC, et al., No. 13-cv-00079-PAB-KMT, 2015 WL 1326199 (D. Colo. Mar. 20, 2015). The U.S. District Court for the District of Colorado denies an insurer’s motion to…more
| Civil Procedure, Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Commercial

Patent Prosecution Updates

On April 14, 2015, the House of Representatives introduced a bill to amend the pre-filing grace period provisions of the America Invents Act (AIA). The bill, entitled "Grace Period Restoration Act of 2015" (H.R. 1791), proposes…more
| Elections & Politics, Intellectual Property

Middle District of Pennsylvania: Possibility of Bad Faith Exists Despite Payment of Claim Where Insured Alleges Untimely Claims Handling

Scheirer v. Nationwide Ins. Co. of Am., No. 3:13-CV-1397, 2015 WL 1013986 (M.D. Pa. Mar. 9, 2015). Middle District of Pennsylvania denies cross-motions for summary judgment on bad faith claim, holding that material issues…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Personal Injury

ONC-HIT Releases Updated Guide for Privacy and Security of Electronic Health Information

The Office of the National Coordinator for Health Information Technology (ONC-HIT) released version 2.0 of its Guide to Privacy and Security of Electronic Health Information (the Guide). While the Guide clearly states that it is…more
| Administrative Law, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Middle District of Pennsylvania: No Bad Faith Where Insurer’s Brief Inspection Yielded Reasonable Basis to Deny Claim

Boulware v. Liberty Ins. Corp., No. 3:13-CV-1541, 2015 WL 1219283 (M.D. Pa. Mar. 17, 2015). After a portion of the insured’s deck collapsed, the insurer denied coverage based on a brief inspection without hiring an engineer…more
| Business Torts, Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

En Banc Mississippi Court of Appeals Affirms Summary Judgment for Insurer, Adjuster and Employer on Bad Faith Claims Arising from Denial of Coverage and Benefits for Work-Related Injury

Chapman v. Coca-Cola Bottling Co., No. 2013-CA-01883-COA (Miss. Ct. App. Mar. 17, 2015). Ruling en banc, court affirms grant of summary judgment for insurer, adjuster and employer on bad faith claims brought by former…more
| Business Torts, Civil Procedure, Insurance, Labor & Employment Law, Worker’s Compensation

Construction Law Advisory - May 2015

In This Issue: - Beware of penny bidding: Contractors could be stuck footing the bill for differing site conditions - Pennsylvania Supreme Court weighs whether good faith refusal to pay is a factor in awarding…more
| Commercial Law & Contracts, Construction Law, Finance & Banking, Zoning, Planning & Land Use, Transportation
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