Kang Haggerty Associate Kandis Kovalsky was recently appointed to two Young Lawyer Division (YLD) leadership positions within the Pennsylvania Bar Association (PBA) and the Philadelphia Bar Association. She will serve as the liaison between the Federal Courts Committee and the YLD of the Philadelphia Bar, and as liaison between the…
Articles Posted in Pennsylvania
Legal Intelligencer: Could Lawyers Be Held Liable to Nonclients for Negligence in Pa.?
In the November 2, 2017 edition of The Legal Intelligencer, Edward T. Kang, managing member of the firm, writes on the liability attorneys face in regards to nonclients. In Pennsylvania, traditionally, if lawyers or other professionals, such as accountants, performed their professional duties negligently, they could only be held liable…
Pre-Act 170 Pennsylvania Limited Partnerships Not Protected by Implied Covenant of Good Faith and Fair Dealing
In an opinion handed down on August 22nd of this year, the Pennsylvania Supreme Court held that, unlike other contracts formed under Pennsylvania law, limited partnership agreements formed under the pre-Act 170 version of the Pennsylvania Revised Uniform Limited Partnership Act, do not contain the implied covenant of good…
Jacklyn Fetbroyt Named to 2017 Pennsylvania Super Lawyers’ Rising Star List
Kang Haggerty member Jacklyn Fetbroyt has been selected for inclusion in the 2017 Super Lawyers’ Rising Star list for Pennsylvania in the practice areas of Business and Corporate law. This is the sixth time Jackie has received this accolade. Published by Thomson Reuters, Super Lawyers is a ranking of outstanding…
Fetbroyt Named to 2016 Super Lawyers’ Rising Star Lists
Kang Haggerty founding member Jacklyn Fetbroyt has been selected for inclusion in the 2016 Super Lawyers’ Rising Stars list, published by Thomson Reuters. For Jackie, this is her fifth time (2010, 2013-2016) as a Rising Star in the area of Business/Corporate law – Pennsylvania. The Super Lawyers’ Rising Stars list recognizes…
Be Careful Before Relying on the Common Interest Doctrine
The common interest doctrine (CID), also known as the community-of-interest doctrine, is an exception to the general rule that attorney-client privilege (ACP) is waived when privileged information is shared with a third party. The CID allows attorneys representing different clients with the same or substantially similar legal interests to agree…
Pennsylvania Supreme Court Holds That CASPA Does Not Apply Where The Owner Is A Government Entity
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. The United States Department of the Navy had entered…
Superior Court of Pennsylvania Finds Trial Court Erred in Bad Faith Claim
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…
Bad-Faith Action Affirmed by PA Superior Court
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.…
PA Supreme Court Ruling: Attorney Fees are Not an “Ascertainable Loss” Under the PA UTPCPL
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”…