Saul Ewing LLP

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

Top Ten Construction Clauses - The Differing Site Conditions Clause

This clause is intended to address equitable adjustments to contract clauses when site conditions are different than anticipated under the contract terms. AIA Document A201-2007, General Conditions ¶3.7.4 provides that if the…more
| Commercial Law & Contracts, Construction Law

Colorado Compounding Pharmacy Enters Six-Figure Settlement Agreement to Settle Alleged HIPAA Privacy Rule Violations

On April 27, 2015, the U.S. Department of Health and Human Services (HHS) announced that Cornell Prescription Pharmacy (CPP), a single-location pharmacy in the Denver, Colo. metropolitan area, agreed to settle alleged HIPAA…more
| Commercial Law & Contracts, Consumer Protection, Privacy, Health, Science, Computers, & Technology

Bad Faith Sentinel - April 2015

In This Issue: - 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 - Middle…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Insurance

President Signs Into Law Changes to Medicare Physician Reimbursement Formula

On April 16, 2015, President Obama signed into law the Medicare Access and CHIP Reauthorization Act of 2015 ("the Act"). The national headlines about the Act’s passage focused on the repeal of the sustainable growth rate ("SGR")…more
| Elections & Politics, Health

Cardinal Health Agrees to Settle Monopolization Claims

The Federal Trade Commission ("FTC") announced on April 20, 2015 that it had entered into a stipulated consent order ("Order") with Cardinal Health, Inc. ("Cardinal"). The Order, which is pending court approval, requires…more
| Antitrust & Trade Regulation, Commercial Law & Contracts, Health, Science, Computers, & Technology

Bad Faith Sentinel - March 2015

In This Issue: - District of Colorado Sinks Insurer’s Motion for Summary Judgment on Bad Faith Claim Where Insurer Allegedly Failed To Timely Investigate Available Coverage for Boating Accident - Eastern District…more
| Civil Procedure, Commercial Law & Contracts, Insurance, Real Estate - Residential

TOP TEN Construction Clauses - The “Work” Clause

This clause defines the scope of work in a construction project and the definition varies by source. For instance, American Institute of Architects Document A201-2007 defines "Work" as "construction and services required by the…more
| Commercial Law & Contracts, Construction Law
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