In the Supreme Court of Pennsylvania No. 76 MAP 2012 On Appeal from Superior Court 11/23/2011 Docket Carl J. Barrick and Brenda L. Barrick v. Holy Spirit Hospital of the Sisters of Christian Charity Individually and d/b/a Holy Spirit Hospital, Sodexho Management, Inc., Sodexho Operations, LLC and Linda J. Lawrence …
Kang Haggerty News
Much Ado about Non-Competes
In energy, technology, healthcare and other key sectors of the economy, employers increasingly insist their employees agree to non-competes and other post employment restrictions. Yet when the employment relationship ends, the restrictive covenants are either ignored by both the employee and the employer or fought out in court with the…
Bad Sportsmanship? Class Action Filed Against NCAA for Student Compensation
The question of whether student-athletes in college sports are adequately compensated for their services is a debate that has persisted for many years. It has recently become a particularly hot topic in light of a decision by the National Labor Relations Board that Northwestern University’s football players can unionize; as…
The Walls Come Tumbling Down: The Economic Loss Doctrine Uncovered
The economic loss doctrine prevents a plaintiff from recovering purely economic losses via a tort action (i.e., a negligence claim) in the absence of personal injury or damage to “other property.” One court has described the economic loss doctrine as “prohibit[ing] plaintiffs from recovering in tort economic losses to which…
No Application of Fair Market Credit by New Jersey Appellate Division
The borrowing relationship of debtor and creditors is at the heart of the American economy, and therefore the subject of many lawsuits. In the case of Atlantic Stewardship Bank v. Puddingstone Funding, LLC, (2013 WL 5777539) the New Jersey’s Appellate Division held that the amount of the outstanding debt the…
Huffington Post-Stop Capturing the Moment
Huffington Post
Pit Stop: Crashing into Bad Faith Practices as Insurer Neglects Insured
Reversing the trial court’s order granting summary judgment in favor of the insurer in a declaratory judgment action brought by the insured, the Superior Court in Lanigan v. T.H.E. Insurance Company, No. 646 WDA 2013, (Pa. Super. March 14, 2014) held that the insurer breached its duty to defend the…
Whistleblower Expansions Continue: SOX Covers Subcontractor Employees
Whistleblower protections continue to expand with the recent U.S. Supreme Court decision in Lawson v. FMR LLC, which ruled that the anti-retaliation protection provided to whistleblowers by the Sarbanes-Oxley Act of 2002 (“SOX”) applies to employees of private companies that contract with public companies. Enactment of SOX was prompted by…
Back to the Future- Or, Back to the Courthouse
In a blast from the past and a shout out to movie buffs everywhere, the widow of John DeLorean is in litigation against a company from Texas associated with her husband’s legendary car famously featured in the Back to the Future films. According to Sally DeLorean, DeLorean Motor Company in…
Huffington Post-Coming to Terms With the Unexpected
Huffington Post