Edward T. Kang Archives — Kang Haggerty News

Legal Intelligencer: Bad Character, Good Evidence: Reclaiming Character Evidence for Strategic Use in Civil Litigation

August 7, 2025 | Edward T. Kang

In the August 7, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Bad Character, Good Evidence: Reclaiming Character Evidence for Strategic Use in Civil Litigation.”

Character evidence has a paradoxical position in the law of evidence: deeply relevant in many cases, yet presumptively inadmissible. Under Federal Rule of Evidence 404 and its state counterparts, parties are generally barred from introducing evidence of a person’s character or character trait to argue that they acted in keeping with that character on a particular occasion. This is the so-called “propensity rule,” a prohibition on suggesting that someone did something simply because they are the sort of person who would. Rule 404(a)(1) codifies this general exclusion, and Rule 403’s balancing test, typically used to weigh probative value against prejudicial effect, is preempted in these cases by the categorical nature of the prohibition in Rule 404. There are exceptions, however. Continue reading ›

Legal Intelligencer: Justice at Scale: Class Action Settlements Must Deliver

July 17, 2025 | Edward T. Kang

In the July 17, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Justice at Scale: Class Action Settlements Must Deliver.”

In June 2024, U.S. District Judge Margo Brodie in the Eastern District of New York denied preliminary approval of a proposed $30 billion swipe-fee settlement between merchants and credit card giants Visa and Mastercard. At the last moment, despite nearly two decades of litigation and what appeared to be a monumental compromise, the deal fell through. The court criticized the sufficiency of relief compared to trial-level damages and noted that the proposed settlement inequitably benefited smaller merchants at the expense of larger ones. The court’s decision exemplifies heightened judicial scrutiny over class action settlements in recent years. It underscores the central tension in such cases: while such settlements can deliver mass redress, they must offer the class real, equitable benefits, not just symbolic fixes or compensation for counsel.

Legal Intelligencer: Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA

July 3, 2025 | Edward T. Kang

In the July 3, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Uniform Protections, Civil Consequences: Litigating Employer Duties to Servicemembers Under USERRA.”

It is common to see businesses marking Veterans Day with social media posts thanking service members for their service and sacrifices. It is notably less common for the same businesses to understand or honor their legal obligations to employees who are current or former members of the military. Too often, businesses discriminate against their employees who spend time serving in the uniformed services, such as the National Guard. While it is understandable that the employees’ time away from work could cause disruption at work (e.g., an employee spending six months on overseas service), the businesses need to understand that these employees provide vital functions for the public.

Legal Intelligencer: Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing

May 22, 2025 | Edward T. Kang

In the May 22, 2025 edition of The Legal Intelligencer, Edward Kang writes, “Reading Between the Lines: Implied Covenant of Good Faith and Fair Dealing.”

It is not in boldface. It does not appear in the indemnity clause. And it is rarely the lead count in a complaint. But the implied covenant of good faith and fair dealing arises from a duty that is embedded in every contract, and a breach of the implied covenant claim can be a powerful tool in litigation. Too often, litigators make the mistake of tacking on a breach of implied covenant as a boilerplate claim or abandoning it in response to a motion to dismiss. Properly framed, a breach of the covenant claim is not just filler, but a remedy in cases where the contract is silent, ambiguous, or grants the opposing party discretion exercised for bad-faith advantage. In complex business disputes, especially those involving strategic behavior that may evade a literal breach, a well-pleaded covenant claim may be the best—or only—path forward. Continue reading ›

Legal Intelligencer: Civil RICO Gets Personal—Supreme Court Allows Recovery of Economic Harm Deriving From Personal Injury

April 17, 2025 | Edward T. Kang

In the April 17, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Civil RICO Gets Personal—Supreme Court Allows Recovery of Economic Harm Deriving From Personal Injury.”

The U.S. Supreme Court’s recent decision in Medical Marijuana v. Horn expands the reach of the Racketeer Influenced and Corrupt Organizations Act (RICO), clarifying that injuries to business or property that derive from personal injuries may, under some circumstances, constitute a compensable injury. Historically, courts have read RICO’s civil enforcement provisions narrowly, excluding economic losses deriving from personal injury. Horn reverses this trend, opening new possibilities for plaintiffs for recovery.

Legal Intelligencer: Shifting the Balance: Use Offer of Judgment in Litigation

March 20, 2025 | Edward T. Kang

Offers of judgment encourage settlement by shifting litigation risks to the party that refuses a reasonable settlement offer, thus forcing the party to carefully assess whether proceeding to trial is worth the financial risk. Offers of judgment, if used properly, can provide strategic leverage in negotiations and serve as a decisive tool in bringing cases to a more efficient resolution.

In the March 20, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Shifting the Balance: Use Offer of Judgment in Litigation.” Continue reading ›

Legal Intelligencer: Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims

February 7, 2025 | Edward T. Kang

Two doctrines frequently arise in Pennsylvania jurisprudence when addressing disputes between the parties to a contract: the parol evidence rule and the gist of the action doctrine. While each serves a distinct purpose, their application often overlaps, especially in fraud cases between the parties to a contract. Understanding both rules is essential for practitioners to craft persuasive arguments.

In the January 17, 2025 edition of The Legal Intelligencer, Edward T. Kang writes, “Litigating the Written Word: Parol Evidence Rule and the Gist of the Action Doctrine in Fraud Claims.” Continue reading ›

Legal Intelligencer: Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales

December 20, 2024 | Edward T. Kang

While vigorous efforts have been made to push the courts to interpret the Federal Arbitration Act (FAA) with an increasingly broad preemptive scope, effectively overriding state laws designed to regulate arbitration, recent decisions underscore that courts are not willing to uphold arbitration agreements when fairness and justice might be compromised. Legitimate concerns surrounding arbitration are prompting more judicial scrutiny—a trend worth examining.

In the December 20, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Stacked Decks and Sealed Deals: How Arbitration Tilts the Scales.” Continue reading ›

Legal Intelligencer: Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home

November 27, 2024 | Edward T. Kang

The U.S. Constitution, which remains the bedrock of American civil rights, serves to establish a minimum level of protection that states are bound to uphold. Some state constitutions provide more expansive and detailed protections for state residents—meaning that rather than treating state constitutional claims as an afterthought, litigants can center their claims on state constitutions when those state constitutions offer more favorable grounds to secure their rights.

In the November 27, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Don’t Settle for the Minimum: Finding Constitutional Claims Closer to Home.” Continue reading ›

Legal Intelligencer: Civil RICO’s Expanding Reach: From Foreign Schemes to Lost Employment

November 7, 2024 | Edward T. Kang

Some recent cases, such as Yegiazaryan v. Smagin and Medical Marijuana v. Horn, show that the courts are grappling with the statute’s injury requirement and might expand the sense of hope for plaintiffs.

In the November 7, 2024 edition of The Legal Intelligencer, Edward Kang writes, “Civil RICO’s Expanding Reach: From Foreign Schemes to Lost Employment.” Continue reading ›