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Kang Haggerty News

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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.…

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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”…

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Whistleblowers and their Importance to Business Success

1. What is a Whistleblower? A whistleblower is a person who, on behalf of the federal government, state government or governmental authority, reports illegal, fraudulent or dishonest conduct by a person or an organization. 2. Importance of Internal Whistleblowers: Encouraging “watchdog” type behavior from your employees allows your management team…

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5 Tips to Transition Your Business to Next Generation

As a business owner, you want to make sure that your company successfully continues for generations to come. So, when you eventually retire or step down from your position, it is important to consider how you want to proceed with passing on your business to the next generation. Consider the…

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10 Ways to Legally Control Your Employees Social Media

When considering creating a social media policy, it is important to keep in mind that you will never be able to completely control social media use by your employees. There are, however, a few ways that you can successfully create a social media policy that will allow you to place…

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The Pennsylvania Supreme Court’s Decision May Make Third Party Claims in Potential Insurance Bad Faith Actions Easier

The Supreme Court of Pennsylvania has clarified the question of whether, under Pennsylvania law, an insured may transfer the right to recover damages against his or her insurance company in an insurance bad faith claim to a third party. In a recent decision in AllState Property and Casualty Insurance Company…

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Counterclaim Survives in Qui Tam Whistleblower Action

A federal court in Pennsylvania recently ruled that counterclaims against the whistleblower filed by the target of a whistleblower action can survive. The United States District Court for the Eastern District of Pennsylvania, in United States of America ex rel. Lorraine Notorfransesco v. Surgical Monitoring Association, Inc., et al. (Tucker,…

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Floorgraphics Corporate Officers Held Liable for Appropriating $12 million

On September 23, 2014, in Potok v. Rebh, the Philadelphia Court of Common Pleas held that the corporate officers of Floorgraphics, an advertising company, were held liable for appropriating $12 million from a settlement deal from the sale of their company in 2009 to News America Marketing. As a brief…