The Legal Intelligencer | Commentary
By Daniel J. Twilla, Kathleen P. Dapper and Adam P. Murdock | August 24, 2023
Awaiting argument at the Pennsylvania Supreme Court, Kramer v. Nationwide's outcome will be of great interest to attorneys across Pennsylvania, as the outcome could shed light on the question of whether emotional distress is covered as bodily injury under automobile insurance policies and the Motor Vehicle Financial Responsibility Law (MVFRL).
The Legal Intelligencer | Commentary
By Christopher J. Tellner and Gregory Brown | August 23, 2023
In the U.S. Court of Appeals for the Third Circuit, district courts exercising their discretion under the DJA are guided by the landmark opinion in Reifer v. Westport Insurance, 751 F.3d 129 (3d Cir. 2014). Reifer sets forth the factors a district court must address when deciding whether to abstain from hearing an insurance coverage declaratory judgment action.
The Legal Intelligencer | Commentary
By Joseph Acquaviva | August 23, 2023
For years, creative noninsured entities and individuals have concocted innovative ways to recover payment under homeowners policies to which they are not a party. Many times, the noninsureds have relied on obtaining assignment of benefits (AOBs) from the insureds to then recover payment.
By The Legal Intelligencer | August 22, 2023
To ensure the accuracy of your firm's listing in this year's publication, it is vital the firm completes our survey. Failure to return a survey will result in estimates or last year's information being printed.
By The Legal Intelligencer | August 1, 2023
In The Legal's Construction Law supplement, read about climate and how it affects construction projects, government contracts and the benefits of an expert when a construction defect is found.
The Legal Intelligencer | Commentary
By Ronald L. Williams | August 1, 2023
Consulting experts can make contemporaneous observations of a defect and perform tests that may not be possible to replicate later. The expert can, in consultation with counsel, create the documentation needed to support an appropriate solution and enhance the likelihood of recovery.
The Legal Intelligencer | Commentary
By Lawrence M. Prosen and Josephine M. Bahn | August 1, 2023
In two important decisions, SCOTUS decided a set of consolidated cases and an appeal from the U.S. Court of Appeals for the Third Circuit regarding the FCA. Justice Clarence Thomas delivered the court's unanimous opinion in the consolidated cases, while Justice Elena Kagan delivered the court's opinion in Polansky.
The Legal Intelligencer | Commentary
By Jennifer M. Horn and Gene D. Cohen | August 1, 2023
The role of the construction attorney in this instance is to attempt to minimize the damage, effectively assert all relevant causes of action, and ensure that any applicable insurance policies are triggered. Careless or negligent excavation practices have long been the main culprits in these cases, which are disastrous for both the contractor and neighboring family.
The Legal Intelligencer | Commentary
By Paul A. Logan and Ryan M. Logan | July 31, 2023
The Buy American Act currently requires the cost of the components of the manufactured product to exceed 60% of the total cost of all components. But BABA became effective before the adoption of regulatory guidance, so there is a significant "catch-up" effort to provide guidance for BABA contracts, including those currently underway.
By The Legal Intelligencer | July 25, 2023
In The Legal's Energy/Environmental Law supplement read about the attorney fee provision in Pennsylvania's Clean Streams Law, green investing, marketing and ESG, and PFAS litigation.
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