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Pa. Commonwealth Court: Contractors must honor verbal cancellation requests under HICPA

Contractors operating in Pennsylvania must honor customers’ cancellation requests, regardless of whether those requests are made verbally or by another medium. A contractor’s failure to honor such a request will expose them...more

SCOTUS: Whistleblowers need not prove retaliatory intent under Sarbanes-Oxley Act

The U.S. Supreme Court recently held that proving an employer’s retaliatory intent is not required for whistleblowers seeking protection under the Sarbanes-Oxley Act. In Murray v. UBS Securities, LLC, 144 S. Ct. 445 (2024),...more

Here Comes Treble: Pennsylvania Supreme Court holds treble damages under the UTPCPL cannot be limited by punitive damages

On April 25, 2024, the Supreme Court of Pennsylvania held that trial courts considering violations of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (“UTPCPL”) may not limit damages because of separate...more

The Right to Be Wrong: Pennsylvania Superior Court finds no bad faith where an insurer’s coverage decision was incorrect but...

On January 9, 2024, the Superior Court of Pennsylvania reaffirmed prior precedent that an erroneous insurance coverage decision is not in bad faith where “the insurer denied coverage based on an interpretation of the policy...more

Important Pennsylvania Supreme Court Opinion in Hangey v. Husqvarna Professional Products, Inc: Venue analysis cannot solely rely...

On November 22, 2023, the Supreme Court of Pennsylvania clarified the “quality-quantity” test used to determine whether a company “regularly conducts business” in a county under Pa. R.Civ.P. Rule 2179(a)(2). In Hangey v....more

Pennsylvania Elects Four New Appellate State Court Judges

On November 7, 2023, Pennsylvania voters elected Daniel D. McCaffery, Jill L. Beck, Timika Lane, and Matthew S. Wolf to the state’s appellate courts. Voters also elected to retain two Superior Court judges, Jack A. Pannella...more

Pennsylvania Superior Court: Construction equipment and rental fees are not “materials” under the Pennsylvania Mechanics’ Lien Law

On October 19, 2023, the Superior Court of Pennsylvania held that construction equipment and unpaid rental fees are not “materials” within the definition of the Pennsylvania Mechanics’ Lien Law. In R.A. Greig Equipment...more

Pennsylvania Superior Court: Arbitration clause invalid for failing to comply with HICPA

On September 13, 2023, the Superior Court of Pennsylvania held that an arbitration clause in a home improvement contract was invalid because it failed to comply with the requirements of the Pennsylvania Home Improvement...more

Third Circuit: Assault on a school bus did not have sufficient connection to use of the bus to trigger auto coverage

On September 22, 2023, the U.S. Court of Appeals for the Third Circuit held in a non-precedential opinion that an insurer had no duty to defend a school bus transportation company under an auto policy for an alleged assault...more

Pennsylvania Superior Court: UM/UIM stacking waivers only need to be executed by the first named insured

On August 7, 2023, the Superior Court of Pennsylvania held that the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”) only requires uninsured or underinsured motorist stacking waivers on an auto policy to be...more

U.S. Supreme Court Sides with Jack Daniel’s in Lanham Act Dispute Over Parody Dog Toy

On June 8, 2023, the U.S. Supreme Court clarified two intellectual property issues in deciding Jack Daniel's Properties, Inc. v. VIP Products LLC: 1. When an alleged infringer uses a trademark as a designation of source...more

Pennsylvania Supreme Court: household vehicle exclusions are enforceable to preclude UM/UIM auto coverage

On February 15, 2023, the Supreme Court of Pennsylvania held that household vehicle exclusions were “valid and enforceable,” and may be relied upon by auto insurers to exclude UM/UIM coverage in certain contexts. In Erie...more

Two New Judges Join the U.S. Court of Appeals for the Third Circuit

The U.S. Senate recently confirmed the nominations of Arianna J. Freeman and Tamika Montgomery-Reeves to the U.S. Court of Appeals for the Third Circuit. The confirmations bring the Third Circuit closer to full capacity, with...more

Four New Judges Join the U.S. District Court for the Eastern District of Pennsylvania

On December 7, 2022, the U.S. Senate confirmed the nominations of Mia Roberts Perez, Kelley B. Hodge, Kai Scott, and John Frank Murphy to the U.S. District Court for the Eastern District of Pennsylvania. The confirmations...more

Pennsylvania High Court to Consider Whether Wrongful Death Emotional Distress Damages May Be Included Under Bodily Injury Coverage...

On October 18, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Kramer v. Nationwide Property and Casualty Insurance Co. regarding the issue of whether the Superior Court erred by finding that “emotional...more

Third Circuit: Pennsylvania auto insurers need not obtain new UIM election forms when a new vehicle is added to an existing policy

On September 29, 2022, the Third Circuit Court of Appeals held, as a matter of first impression, the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) only requires auto insurers to seek elections of...more

Surety Cannot be Liable for Bad Faith Under PA Law

On September 1, 2022, the Superior Court of Pennsylvania held, as a matter of first impression, that a surety is not subject to Pennsylvania’s bad faith statute, 42 Pa.C.S.A. § 8731. In Eastern Steel Constructors, Inc. v....more

Pennsylvania Superior Court reaffirms invalidation of regular-use exclusion to preclude UIM coverage

On September 7, 2022, the Superior Court of Pennsylvania held in Jones v. Erie Insurance Exchange that “the regular-use clause of an insurance contract contravenes Section 1731” of the Pennsylvania Motor Vehicle Financial...more

Pennsylvania High Court to Consider Whether Regular Use Exclusion Violates Statute

On June 27, 2022, the Supreme Court of Pennsylvania granted allowance of appeal in Rush v. Erie Insurance Exchange regarding the issue of whether the Superior Court erred “by finding that the ‘regular use exclusion’ contained...more

Depp v. Heard: Litigation Strategy

This week marks the culmination of Depp v. Heard, the high-profile civil trial in Fairfax County, Virginia. In addition to celebrity intrigue, the trial has provided a useful demonstration of litigation strategy, with themes...more

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