The Legal Intelligencer | Commentary
By Robert F. Walsh and Gianna Martorano | August 20, 2024
In recent years, new hazards have emerged that potentially implicate coverage under commercial general liability policies. Much attention has been paid to the liabilities associated with opioids and "PFAS," but there are many other examples of emerging hazards.
The Legal Intelligencer | Commentary
By Timothy P. Law and Lisa Szymanski | August 20, 2024
An insurance company's duty to defend carries with it a conditional duty to indemnify a settlement reached prior to judgment. When an underlying action is settled, there are often unresolved factual questions. In almost all circumstances, Pennsylvania law does not permit a trial of those facts in an insurance declaratory judgment action.
The Legal Intelligencer | Commentary
By Barret S. Albritton | August 20, 2024
What factors are contributing to the desensitization of jury pools, leading to these unprecedented verdicts? More importantly, what can we, as defense lawyers, do to mitigate or at least slow down this trend?
The Legal Intelligencer | Commentary
By Allison L. Krupp and Christopher W. Woodward | August 20, 2024
After the Pennsylvania Superior Court determined in 2021 that "regular use exclusions" in UM/UIM policies violate the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL), and in a post-Gallagher legal landscape, some were ready to put the regular use exclusion to rest for good. Now, however, in Rush v. Erie Insurance Exchange, 308 A.3d 780 (Pa. Jan. 29, 2024), the Pennsylvania Supreme Court, in a lengthy majority opinion, has confirmed that the regular use exclusion remains very much alive.
The Legal Intelligencer | Commentary
By Patricia B. Santelle, Lynndon K. Groff and Morgan Liptak | August 20, 2024
During the past few years, per- and poly-fluoroalkyl substances (PFAS) have rapidly transformed from an "emerging" risk into an "emerged" risk. PFAS coverage litigation, which has increased correspondingly, may forecast future coverage fights concerning other risks as they potentially move from "emerging" to "emerged" status as well.
The Legal Intelligencer | Commentary
By Theodore J. Zeller III | August 19, 2024
The recent legislative changes and reforms by the PLCB mark a significant step forward for Pennsylvania's liquor industry. As the state continues to adapt and modernize its laws, consumers can look forward to a more dynamic and enjoyable experience.
The Legal Intelligencer | Commentary
By Camille Bryant | August 19, 2024
Recent data shows that employees are more empowered than ever to file workplace complaints following the #MeToo movement, heightened interest in conduct issues from governmental and regulatory bodies, and numerous high-profile cases appearing in the media.
The Legal Intelligencer | Commentary
By Neil C. Schur | August 19, 2024
On Aug. 6, following a nine-week bench trial, a federal court found in United States v. Google and Colorado v. Google that Google has monopolized the market for "general search services" on the internet.
The Legal Intelligencer | Commentary
By Helen Lawless | August 16, 2024
The statute repeatedly describes rideshare drivers as "independent contractors," and as a result, rideshare industry advocates have argued that Uber and Lyft cannot be found vicariously liable for their drivers. In California, as in Pennsylvania and most states, employers are generally not vicariously liable for their independent contractors' negligence.
The Legal Intelligencer | Commentary
By Jessica L. Mazzeo and Melissa Hazell Davis | August 16, 2024
Conflicting laws and regulations that vary significantly between the states create a challenging roadmap filled with obstacles for employers. Here are just a few best practices for law firms and companies to navigate what is now a balancing act when it comes to DEI in the workplace.
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