What is insurance bad faith? Insurance bad faith refers to unfair conduct of an insurance company in denying an insurance claim that is clearly payable by the insurance company. In addition to denial of payment, an insurance company’s
The Pennsylvania Supreme Court’s Decision May Make Third Party Claims in Potential Insurance Bad Faith Actions Easier
The Supreme Court of Pennsylvania has clarified the question of whether, under Pennsylvania law, an insured may transfer the right to recover damages against his or her insurance company in an insurance bad faith claim to a third party. In a recent decision in AllState Property and Casualty Insurance Company v. Jared Wolfe, No. 39 […]
A federal court in Pennsylvania recently ruled that counterclaims against the whistleblower filed by the target of a whistleblower action can survive. The United States District Court for the Eastern District of Pennsylvania, in United States of America ex rel. Lorraine Notorfransesco v. Surgical Monitoring Association, Inc., et al. (Tucker, C.J.) has denied a motion […]
On September 23, 2014, in Potok v. Rebh, the Philadelphia Court of Common Pleas held that the corporate officers of Floorgraphics, an advertising company, were held liable for appropriating $12 million from a settlement deal from the sale of their company in 2009 to News America Marketing.
Shareholders, not the Corporation, Holds Attorney-Client Privilege for Communications Between the Shareholders and Counsel
On August 7, 2014, the Western District of Pennsylvania’s Judge Maurice B. Cohill, Jr. entered an order preliminary denying plaintiff’s motion to compel compliance with subpoena on counsel. In the case of Gary Miller Imports, Inc. v. Carter Dolittle, et al., plaintiff sought to compel the law firm of Macdonad Illig Jones & Britton, LLP […]
PA Law Weekly: Kang on CFAA and its impact on employer-employee litigation January 30, 2016 Throughout 2016, Edward Kang will be a regular contributor to the Pennsylvania Law Weekly and The Legal Intelligencer on civil litigation issues impacting attorneys throughout the state. This month he writes on the topic of the CFAA and its impact […]
Press Release Kang, Haggerty, Fetbroyt All Named to South Jersey Magazine’s Awesome Attorneys List Cherry Hill, NJ (December 4, 2015): Kang Haggerty & Fetbroyt (KHF), with offices in Philadelphia, PA and Cherry Hill, NJ is pleased to announce that all three named partners in the firm have been selected in the 2015 Awesome Attorneys listing […]
In Clipper Pipe & Serv., Inc. v. Ohio Casualty Insurance Co., the Pennsylvania Supreme Court held that the Contractor and Subcontractor Payment Act, 73 P.S. §§ 501-506 (“CASPA”), does not apply to construction projects where the owner is a government entity.
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In Kellogg Brown & Root Services, Inc., et al. v. United States ex rel., __, 575 U.S. __ (2015), two questions were presented before the U.S. Supreme Court: first, whether the Wartime Suspension of Limitations Act (WSLA) suspends the already generous statute of limitation under the False Claims Act (FCA); second whether the FCA’s “first-to-file” […]