Category Archives: Newsletters
Cyber Coaching in the Age of Cyber Breaches
It appears as though cyber breaches have become more commonplace, as there is no shortage of such events in the news. Just recently, it was reported that the cellphone carrier T-Mobile suffered a massive data breach, wherein hackers stole data of over 40 million people.[1] Similarly, insurance firms Tokio Marine and Ryan Specialty just… Read More »
January 2019 Newsletter
Employment Law Independent Contractors Who Work in Transportation May Not Be Forced Into Mandatory Arbitration New Prime, Inc. v. Oliveira, 2019 WL 189342 (U.S. January 15, 2019) involved a dispute between New Prime Inc., an interstate trucking company and one of its drivers, Dominic Oliveira. Mr. Oliveira worked under an operating agreement that classified… Read More »
Autonomous Driving Vehicles – Insurance Coverage Implications
Thomas Paschos, Esq. Thomas Paschos & Associates, P.C. Autonomous vehicles (“AVs”) will have a huge impact on the automobile insurance industry. A study done by Stevens Institute of Technology estimates that there will be 23 million autonomous vehicles on U.S. highways by 2035. However, with consumer hesitation and other hurdles, it may take decades… Read More »
October 2018 Newsletter
General Litigation Court Holds Arbitration Agreement Invalid for Failure to Designate Forum In Flanzman v. Jenny Craig, Inc. ___A.3d ___, 2018 WL 5019942, (A.D. Oct. 17, 2018), Plaintiff, Marilyn Flanzman was terminated from her position as a weight loss counselor for Defendant JC USA, Inc. (“Jenny Craig”) at the age of eighty-two. Plaintiff had… Read More »
January 2018 Newsletter
I. GENERAL LITIGATION Insured’s Demand for Arbitration and Selection of Arbitrator Did Not Toll Statute of Limitations In Erie Insurance v. Bristol, ___.A.3d ___, 2017 WL 5617628, (Pa., November 22, 2017), Bristol was injured in a hit-and-run accident on July 22, 2005 while engaged within the scope of his employment as a lineman for… Read More »
October 2017 Newsletter
I. INSURANCE LAW Proof of Motive of Self-Interest or Ill Will on Part of Insurer Not Required in Statutory Bad Faith Claims. In Rancosky v. Washington National Ins. Co., 2017 Pa. LEXIS 2286 (Pa. Sept. 28, 2017, the Pennsylvania Supreme Court considered the elements of a bad faith insurance claim brought pursuant to Pennsylvania’s… Read More »
September 2017 Newsletter
I. EMPLOYMENT LAW Employee Cannot Bypass Title VII, ADA Regulatory Schemes to Hold Public Employers Personally Liable In Williams v. Pennsylvania Human Relations Commission, et al, No. 16-4383 (3d. Cir. (Pa.) Aug. 30, 2017), Cheryl Williams, an African-American woman who suffers from fibromyalgia and chronic musculoskeletal pain, claimed that she was subjected to constant… Read More »
February 2017 Newsletter
I. EMPLOYMENT LAW City of Philadelphia Ordinance Makes It Unlawful for Employer to Inquire About Prospective Employee’s Wage History On January 23, 2017, the City of Philadelphia passed an ordinance that will make it unlawful for employers to inquire into an applicant’s wage history during the hiring process. The new law is an amendment… Read More »
October/November 2016 Newsletter
I. INSURANCE LAW Court Dismisses Bad Faith Claim Based on Litigation Conduct In Homer v. Nationwide Mut. Ins. Co., 2016 U.S. Dist. LEXIS 114548 (W.D. Pa. Aug. 26, 2016), Homer was injured in a motor vehicle accident on May 24, 2008. He suffered a number of medical problems as a result of the accident…. Read More »
August 2016 Newsletter
I. INSURANCE LAW No Estoppel Where Express Reservation of Rights Letters Were Provided to Policyholders In Nationwide Prop. & Cas. Ins. Co. v. Shearer, 2016 U.S. App. LEXIS 9635 (3d Cir. (Pa.) 2016), Randy and Erin Shearer sued a group of homeowners, claiming that the owners permitted sewage to leak onto the Shearer’s property…. Read More »