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);…
The Superior Court of Pennsylvania found that the court erred in a bad faith claim in Mohney v. American General (2030 & 2046 WDA 2013). The Court reasoned that the insurer acted in bad faith by having no reasonable basis for terminating the plaintiff’s benefits. Mohney purchased life insurance from…
The Superior Court of Pennsylvania recently affirmed the trial court’s opinion involving a bad faith action in Davis v. Fidelity National Title Insurance Company (674 MDA 2014). In the bad faith action law suit brought against Fidelity in the lower court, the plaintiffs were awarded over $2 million in damages.…
The extent of consumer protection of Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) was brought to the attention of the Supreme Court in Christina Grimes v. Enterprise Leasing Company of Philadelphia, LLC, 4 MAP 2014. The Court finally decided legal fees alone do not satisfy “any ascertainable loss”…
1. What is a Whistleblower? A whistleblower is a person who, on behalf of the federal government, state government or governmental authority, reports illegal, fraudulent or dishonest conduct by a person or an organization. 2. Importance of Internal Whistleblowers: Encouraging “watchdog” type behavior from your employees allows your management team…
1. Compile a small list of attorneys that you find. It’s okay to start with an entire page of attorneys, but narrow down the list by asking friends, family, and business connections their opinions. Figure out if there are any attorneys you should consider or avoid. 2. Do a background…
As a business owner, you want to make sure that your company successfully continues for generations to come. So, when you eventually retire or step down from your position, it is important to consider how you want to proceed with passing on your business to the next generation. Consider the…
When considering creating a social media policy, it is important to keep in mind that you will never be able to completely control social media use by your employees. There are, however, a few ways that you can successfully create a social media policy that will allow you to place…
Philadelphia Business Journal
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…