Andrew J. Kennedy

Supreme Court Justice Orie Melvin To...

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...

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
O'Donnell v. HOVNANIAN ENTERPRISES,...

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 &...
Change to Pennsylvania Rules of...

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
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

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