Potential impact of Pennsylvania’s Paul Miller Law on motorist liability
6/5/25
By: Joshua G. Ferguson and William P. Bodycot
Effective June 5, 2025, motorists in the Commonwealth of Pennsylvania will operate under a new law entitled “Paul Miller’s Law.” The new statute, signed into law last year by Governor Josh Shapiro …
Seventh Circuit finds drive-thru drive-by shooting unforeseeable
4/7/25
By: Patrick Eckler and Charlotte Meltzer
“Our sympathies may lie with Mr. Scott, but because this extreme, isolated, and unprovoked display of violence was not reasonably foreseeable, we affirm.”
In a recent Seventh Circuit decision, the Court affirmed summary judgment …
3/5/24
By: Travis Knobbe
In late January, we wrote about the new reporting requirements imposed by the Corporate Transparency Act (the “CTA”), effective January 1, 2024. As a reminder, the CTA requires many small businesses to report certain information concerning the …
12/4/23
By: Kevin G. Kenneally, David Harding and Christina Morgan
“Seldom is so ambitious a case filed on so slight a basis.”
–U.S. Court of Appeals for the Sixth Circuit
On November 27, 2023, the U.S. Court of Appeals for …
Understanding CMS regulations: navigating Medicare secondary payer reporting requirements
10/30/23
The Centers for Medicare & Medicaid Services (CMS) have finalized regulations that shed light on how it will handle civil money penalties for violations of the Medicare Secondary Payer (MSP) reporting requirements. The new rule applies to …
10/19/23
By: Rachel E. Hobbs
A recent decision by a federal court in California set out several important insurance concepts. In Brookfield Property Group v. Liberty Mutual, the defendant CGL insurer issued a policy to a non-party construction manager. The construction …
10/2/23
By: Kingshuk K. Roy
Was a principal-agent relationship established between a freight broker and the driver of the trucking company it contracted to haul a load? This was the question put before the First District Appellate Court in Cornejo v. …
We Do Not Negotiate With Terrorists – How Several States are Prohibiting Ransomware Payments
9/28/23
In 2022 in the United States, 106 local governments, 44 universities and colleges, 45 school districts operating 1,981 schools, and 25 healthcare providers operating 290 hospitals, disclosed they were victimized by ransomware attacks. In recent years, …
Slippery Conditions in Pennsylvania Defense Slip and Fall Negligence Case
9/27/23
By: Nicholas Hubner
In a recent ruling this month, the Superior Court of Pennsylvania affirmed summary judgment in favor of the defense in a slip and fall case involving “generally slippery” conditions. Plaintiff filed suit against the defendant property owner …
Everything is Bigger in Texas: Can the Duty to Indemnify Be Broader Than the Duty of Defense?
9/18/23
By: Shawn Bingham
Whoever came up with the marketing slogan “everything is bigger in Texas” was probably not thinking of insurance law. Yet, as we are reminded by a recent Fifth Circuit opinion, the phrase may, under limited circumstances, describe …
California Court Declines Reformation of Insurance Policy
9/13/23
By: Joseph Gonnella
The Motor Carriers of Property Permit Act requires certain motor carriers to maintain minimum liability coverage of $750,000 (“MCPPA” codified at Veh. Code, § 34600). Does this also require insurers to issue policies to those carriers with …
Tennessee’s new peer professional privilege
9/11/23
By: Jason M. Pannu and Timothy R. Gilbert
The Tennessee Supreme Court recently established a common law evidentiary privilege, specifically shielding defendant healthcare providers from being compelled to testify as to the standard of care applicable to other defendant healthcare …