News & Analysis as of

Breach of Duty PA Supreme Court

Rivkin Radler LLP

Insurance Update - May 20 2024

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Careening race cars, missing diamonds, and gold treasure provide some of the backdrop for insurance issues that courts had to decide this past month. We begin in Pennsylvania where the state’s high court reined in some loose...more

Tucker Arensberg, P.C.

Pennsylvania Supreme Court Holds That Employers Have Duty to Protect Their Employees’ Data

Dittman v. UPMC, 196 A.3d 1036 (Pa. 2018).  The Pennsylvania Supreme Court holds that employers have a legal duty to use reasonable care to safeguard sensitive personal information of their employees when the employer chooses...more

Jones Day

Massachusetts’ Highest Court Narrows In Pari Delicto Defense

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The Situation: In Merrimack College v. KPMG LLP, a college sued its independent auditor for the auditor's failure to report fraud by the college's financial aid director. The Result: The Massachusetts Supreme Judicial...more

Womble Bond Dickinson

Lawsuit Alert: New State Law Affirmative Duty to Safeguard Personal Data

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Now a business that was hacked may be successfully sued under state common law by data subjects whose information was compromised in the crime. For the first time, a state supreme court has held that a company that was...more

Fisher Phillips

Data Breach Liability for Pennsylvania Employers Expands – Pennsylvania Supreme Court Holds that Employers Have a Duty of Care to...

Fisher Phillips on

Data breach liability for Pennsylvania employers of all sizes expanded with a recent Pennsylvania Supreme Court decision in Dittman v. UPMC. __ A.3d __, No. 43 WAP 2017, 2018 WL 6072199 (Pa. 2018). The Pennsylvania Supreme...more

Fenwick & West LLP

Pennsylvania High Court’s Dittman Ruling Makes It Harder To Dismiss Data Breach Actions

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The Pennsylvania Supreme Court recently held that employers have “a legal duty to safeguard” the personal data of their employees which is stored on internet-accessible computer systems and that the economic loss doctrine...more

Pullman & Comley, LLC

Cancel My Reservation! Pennsylvania Sows Confusion Over Consent-to-Settle Clauses

Pullman & Comley, LLC on

This summer, the Supreme Court of Pennsylvania addressed an important question that has divided other courts: if an insurer defends a claim subject to a reservation of rights, may the insured settle the claim without the...more

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