News & Publications

Pennsylvania Updates April 25, 2017

Case Bulletin – Federal District Court Addresses Improper Allegations in Insurance Bad Faith Case in Recent Decision

On January 27, 2017, the United States District Court for the Middle District of Pennsylvania held that references of fiduciary duties owed to an insured by an insurance company must be stricken from plaintiff’s Complaint alleging claims of bad faith. In Meyers v. Protective Insurance Company, the Plaintiff husband was injured in a hit-and-run vehicle […]

Pennsylvania Updates March 26, 2017

Case Bulletin – Attorney’s Fees Permitted Even Where Plaintiff Elected $25,000 Limit Under Pa.R.C.P. 1311.1

On March 1, 2017, the Pennsylvania Superior Court held in a matter of first impression that a plaintiff who elects to limit damages to $25,000 pursuant to Pa.R.C.P. 1311.1 may still recover attorney’s fees in excess of that limit. Grimm v. Universal Med. Servs., Inc., ___ A.3d ___, 2017 Pa. Super. 53 (Mar. 1, 2017). […]

Pennsylvania Updates February 26, 2017

Case Bulletin – PA Superior Court Addresses Minor Deviations to UIM Waiver Form

On December 14, 2016, the Pennsylvania Superior Court (the “Court”) issued its decision in Petty v. Federated Mutual Insurance Co., 2016 WL 7234016 (Pa. Super. 2016), holding: (1) the deviations from the statutory form for waiving underinsured motorist (“UIM”) coverage and the actual form used by the insurer were inconsequential niggles that had no impact […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Third Circuit Reviews the Daubert Standard For Experts in Employment Law

On Tuesday, January 10, 2017, the United States Court of Appeals for the Third Circuit issued a ruling in Karlo v. Pittsburgh Glass Works, LLC,  where it discussed statistical expert opinions and interpreted the standard under Daubert for utilizing these experts’ opinions.   In Karlo, the defendant was a manufacturer of automotive glass.  When the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Pennsylvania Superior Court Applies Tincher in Recent Products Liability Case

In an opinion announced on January 13, 2017 in High v. Pennsy Supply, Inc. (No. 411 MDA 2016), a strict products liability case, the Pennsylvania Superior Court reversed the order of the Court of Common Pleas of Dauphin County granting summary judgment in favor of the defendant concrete supplier.  The Superior Court held that the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Superior Court of Pennsylvania Holds that Issues Relating to Privilege Are Immediately Appealable as a Collateral Order

In Farrell v. Regola, the Superior Court of Pennsylvania recently held that issues involving documents allegedly covered by attorney-client privilege were immediately appealable as a collateral order; communications made to clinical social workers were protected by the psychiatrist/psychologist privilege; and handwritten notes taken during civil deposition; and a prior criminal trial were protected by attorney client […]

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