Andrew J. Kennedy

665 Philadelphia Street
Indiana, PA 15701, United States

  • 724-463-3570
  • 724-463-3569
Pennsylvania Supreme Court: Recklessness Cannot Be Released In Pre-Injury Releases

Pennsylvania Supreme Court: Recklessness Cannot Be Released In Pre-Injury Releases

The Pennsylvania Supreme Court has issued a major decision that may affect recreational activity throughout the state. In Tayar v. Camelback Ski Resort, the Supreme Court held that before a person is injured, a person cannot…more
| Civil Procedure, Personal Injury
Supreme Court Justice Orie Melvin To Defend Criminal Prosecution

Order Relieves Supreme Court Justice Of Duties

Today Pennsylvania Supreme Court Justice Orie Melvin was relieved of her judicial duties because the Supreme Court was advised that criminal proceedings have been commenced against her. The Supreme Court also issued an order…more
| Civil Procedure, Constitutional Law, Criminal Law
Berg v. Nationwide Mutual Insurance Company, Inc.

Superior Court Issues A Sweeping Insurance Bad Faith Decision

Superior Court Issues A Sweeping Insurance Bad Faith Decision On April 17, 2012, the Superior Court of Pennsylvania handed down a sweeping decision that broadly interprets insurance bad faith under Section 8371. In Berg v…more
| Civil Procedure, Insurance
Kelly v. Siuma et al.

DEFENDANTS BEWARE: SUPERIOR COURT EXPANDS GROUNDS TO DENY A PETITION TO OPEN A DEFAULT JUDGMENT

Defendants Beware: Superior Court Expands Grounds To Deny A Petition To Open A Default Judgment. We ought to know that not answering a complaint is playing with fire. A recent decision by the Pennsylvania…more
| Civil Procedure, Personal Injury
O'Donnell v. HOVNANIAN ENTERPRISES, INC.

Party Waives Arbitration Provision By Litigating for Three Years

While we have seen many pro-arbitration rulings in recent years, a recent case in the Pennsylvania Superior Court shows that there are limits. In O'Donnell v. Hovanian Enterprises, Inc. the parties had litigated for three years…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
Change to Pennsylvania Rules of Appellate Procedure

Pennsylvania Has a New Supersedeas Rule

Effective today, Pennsylvania has changed Rule 1736 of its Appellate Rules. Now a party that is exempt from providing security while a case is on appeal is exempt if the appeal is taken to the Supreme Court of the United States…more
| Civil Procedure
Bachman v HHS

Federal Court: Obamacare Individual Mandate Is Unconstitutional

Two uninsured workers sued the Department of Health and Human Services to declare Obama's health reform law unconstitutional. On September 13, 2011, the U.S. District Court for the Middle District of Pennsylvania agreed. The…more
| Constitutional Law, Health
Butler v. Powers

Is Marcellus shale a "mineral"? The Superior Court says ask experts.

The latest case involving Marcellus shale may well have huge reverberations in Pennsylvania. The question is this: is Marcellus shale a mineral or not? In Pennsylvania, many property deeds reserve coal and mineral rights. The…more
| Energy & Utilities
Rhodes v. USAA Casualty Ins. Co.

Court Holding Suggests No "Reverse Bad Faith" in Pennsylvania

The Superior Court recently held that in an insurance bad faith case that an insurance company defendant is not able to obtain the files of the insured's attorney in the underlying action. The Court reasoned that in an insurance…more
| Insurance
Areas of Practice
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Torts
  • Commercial Law & Contracts
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Professional Malpractice
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