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HTMLDistrict Court Deems Plant Contamination “Direct Physical Loss”
Ronald D. Puhala, Paul C. Steck; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 15, 2014
This commercial property coverage dispute involved a determination of whether the release of ammonia gas at a juice cup manufacturing plant constituted a “direct physical loss of or damage to” the policyholder’s property. As background, during the startup of a new manufacturing...

 

HTMLNew Jersey Judges Not Permitted to Speak Ex Parte with Jurors
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 15, 2015
On December 23, 2014, the New Jersey Supreme Court held that New Jersey state court judges are not permitted to speak with jurors after a verdict has been issued, except in very limited circumstances where a showing is made that the jury’s decision may have been tainted by misconduct. The...

 

HTMLThe Season Of Giving: Pennsylvania Supreme Court Finds Bad Faith Claims To Be Assignable
Richard D. Gable; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 20, 2015
Rejecting the holdings of two recent decisions by the Eastern District of Pennsylvania, the Supreme Court of Pennsylvania held in a 5-to-1 ruling that claims under Pennsylvania’s Bad Faith Statute (42 Pa.C.S. § 8371) are assignable to injured third parties. The decision, Allstate Prop....

 

HTMLNLRB Clamps Down On Employers’ Email Policies
Kimberly A. Ross; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 7, 2015
In yet another pro-employee decision, the National Labor Relations Board (NLRB) has held that company policies that limit the use of the company’s email for only business related purposes violate Section 7 of the National Labor Relations Act (NLRA) because they unduly interfere with...

 

HTMLMen are Entitled to Harassment-Free Workplaces, Too!
Kimberly A. Ross; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on December 31, 2014
Yes, it’s true that women can sexually harass men. It’s more common than one may expect, which leads to the problem of both preventing and correcting that kind of harassment.

 

HTMLFriday Lost + Found: More Insurance Settlements, Illinois Auction, UP in the Mainstream
McElroy Deutsch Mulvaney Carpenter LLP;
Legal Alert/Article
February 9, 2015, previously published on November 21, 2014
More Insurance Industry Settlements - According to an article on Insurance News, another life insurer - Sun Life of Canada - has settled claims relating to the alleged “asymmetrical” use of the Social Security “Death Master File.” Generally, the states allege that insurers...

 

HTMLFlorida Court Refuses To Enforce Employment Related Practices Exclusion Against Defamation Claim Under Coverage B
Michael P. Kandler, Kevin P. Lolli; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 16, 2014
In Khatib v. Old Dominion Insurance Co., 2014 Fla. App. LEXIS 19843 (Fla. DCA 1st Dist. Dec. 5, 2014), the Florida Court of Appeal held that Old Dominion Insurance Company (Old Dominion) did not have a duty to defend its insureds against a defamation claim. As background, the insureds, directors...

 

HTMLPennsylvania Supreme Court to Decide Need for Valuable Consideration in Non-Compete Agreement
Frederick E. Blakelock; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on January 9, 2014
In what will be a case of first impression, the Pennsylvania Supreme Court has agreed to hear argument on whether Pennsylvania’s Uniform Written Obligations Act (“UWOA”) relieves an employer of its obligation under Pennsylvania common law to provide an existing employee with...

 

HTMLNo Good Deed Goes Unpunished
Kimberly A. Ross; Butler Pappas Weihmuller Katz Craig LLP;
Legal Alert/Article
February 9, 2015, previously published on December 23, 2014
Over the years, I’ve become somewhat skeptical in my employment law practice from seeing case after case where employment claims were entirely preventable, if only the employer would have properly managed its employees, including terminating when it was evident that the employee’s...

 

HTMLClaim Against Vehicle Owner Key to Umbrella Coverage for Auto Loss Caused by Permissive Driver
Patrick B. Omilian, Jensen Varghese; Goldberg Segalla LLP;
Legal Alert/Article
February 9, 2015, previously published on December 5, 2014
In this insurance coverage action, Allstate appealed from an order granting summary judgment and determining that a permissive user of a motor vehicle was covered under Allstate’s umbrella policy.

 


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