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Wilson Elser Moskowitz Edelman & Dicker LLP Philadelphia, PA Document Search Results (17)

 

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HTMLThird Circuit Adopts Catalyst Theory in ERISA Cases for Attorney Fee Awards
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 27, 2015, previously published on May 14, 2015
Under the Employee Retirement Income Security Act of 1974 (ERISA), “the court in its discretion may allow a reasonable attorney’s fee and costs of action to either party.” The discretion of a court to award fees is not unfettered. Reviewing the language in the ERISA statute, the...

 

HTMLSummary Judgment Appropriate in PA Where Frequent Exposure to and Breathing of Asbestos Dust Is Absent
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 29, 2015
The Pennsylvania Superior Court in Sterling v. P&H Mining Equipment, Inc. recently affirmed the Court of Common Pleas of Philadelphia County’s grant of summary judgment in favor of defendant P&H Mining Equipment, Inc. (P&H) because plaintiff Norman Sterling failed to provide the required...

 

HTMLIn Non-precedential Case, Third Circuit Affirms Fracking Trade Secrets Trump Physician’s Right to Know, Absent Actual Harm
Michael J. Cawley, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
May 6, 2015, previously published on April 13, 2015
Fracking in Pennsylvania continues to create work for the courts. On March 16, 2015, in a non-precedential opinion in Rodriguez v. Secretary of Pennsylvania Environmental Protection of PA et al., the Third Circuit issued a ruling concerning whether a Pennsylvania doctor had standing to challenge...

 

HTMLPennsylvania Product Liability Law Still Smoking after Reversal of Tincher
Jonathan Dryer; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on January 16, 2015
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s decision was expected by many to resolve a lingering conflict in...

 

HTMLPennsylvania Superior Court Reverses $14.5 Million Asbestos Verdict Based on Improper Admission of Expert Testimony
Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 20, 2015
An en banc session of the Pennsylvania Superior Court vacated a $14.5 million asbestos verdict in a mesothelioma case and remanded the case to the Court of Common Pleas of Philadelphia for a new trial, affirming the decision of a three-judge Superior Court panel in Nelson v. Airco Welders Supply,...

 

HTMLGood News for Companies: Pennsylvania District Court Rules That Plaintiffs Lack Standing without Actual or Imminent Misuse of Data
Melissa K. Ventrone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 26, 2015
“There are only two types of companies left in the United States ... those that have been hacked and those that don’t know they’ve been hacked.” That is how U.S. District Judge John E. Jones III of the Middle District of Pennsylvania began his opinion in Storm v. Paytime,...

 

HTMLFederal Government Issues Long-awaited Final Rules Governing Fracking on Federal Land and Indian Land
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 23, 2015
On March 20, 2015, the Department of the Interior’s (DOI’s) Bureau of Land Management (BLM) issued its long-awaited “final” rules governing hydraulic fracturing operations on federal lands and land owned by Indian tribes.

 

HTMLOhio High Court: State Oil and Gas Law Trumps Anti-fracking Zoning Rules Enacted by a Municipality
Carl J. Pernicone, Kathleen D. Wilkinson; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 26, 2015
The Ohio Supreme Court, in State ex rel. Morrison v. Beck Energy Corp., Slip Opinion No. 2015-Ohio-485, issued the first state high court decision to consider and reject the proposition that local anti-fracking zoning regulations can be used to trump a state’s oil and gas law favoring...

 

HTMLSeller Beware: Eighth Circuit Finds Insurer Potentially Liable for Enrollment Mistakes of Employer
Joshua Bachrach; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 5, 2015, previously published on February 27, 2015
In Silva v. Metropolitan Life Insurance Company, 762 F.3d 711 (8th Cir. 2014), the Eighth Circuit joined a number of other circuits in recognizing equitable remedies of reformation and surcharge based on a breach of fiduciary duty under ERISA. The claim for supplemental life insurance benefits...

 

HTMLRiders on the Storm Beware
Wendy D. Testa; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
November 10, 2014, previously published on July 15, 2014
Every summer, warm weather prompts millions to flock to bodies of water. While sunbathers likely give little thought to the source of water in which they frolic, design professionals and builders of public and private projects must pay careful attention to how construction will affect stormwater...

 


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