Douglas J. Smillie
Jun. 23, 2017

Supreme Court Rules Filing a Stale Claim is not an Unfair Debt Collection Practice

On May 15, 2017, the Supreme Court resolved a split among the Circuit Courts of Appeals, holding that the filing a time-barred / stale claim does not violate the Fair Debt Collection Practices Act. Midland Funding v. Johnson (U.S. May 15, 2017). The Fair Debt Collection Practices Act, 15 U. S. C. §§1692 et seq., […]

Kenneth Charette
Jun. 20, 2017

The Use of De-Identified Patient Information: Understanding the Scope of the HIPAA Privacy Rule

by Kenneth R. Charette and Theresa M. DeAngelis, Summer Associate Many of our healthcare clients often inquire as to whether the Health Insurance Portability and Accountability Act of 1996 (HIPAA) permits the transfer or use of “de-identified” patient data. Such information has a variety of practical applications, including genetic research, comparative effectiveness studies, policy assessments, and […]

Gretchen L. Geisser
Jun. 19, 2017

U.S. Supreme Court Limits Court’s Inherent Power to Sanction Limited to Compensatory Damages

Federal courts have the inherent authority to sanction bad-faith conduct by ordering a litigant to pay the other side’s legal fees.  The United States Supreme Court, however, recently reaffirmed a limitation of the courts’ inherent sanction powers to compensatory damages only, excluding any opportunity for punitive sanctions.  Goodyear Tire & Rubber Co. v. Haeger, et […]

Jun. 16, 2017

Colin J. Keefe Named To Lehigh Valley Business’ “Forty Under 40” List

Fitzpatrick Lentz & Bubba, P.C., is pleased to announce that Colin J. Keefe, a shareholder at the Firm, has been named to Lehigh Valley Business’ “Forty under 40” list. The awards program recognizes and celebrates 40 of the Greater Lehigh Valley’s most accomplished businesspeople under the age of 40. “Colin has consistently demonstrated exemplary legal […]

Jun. 15, 2017

Steven T. Boell and Jacob M. Sitman Lead Medical Marijuana Roundtable

Fitzpatrick Lentz & Bubba, P.C. shareholders Steven T. Boell and Jacob M. Sitman, along with Univest Director of Human Resource, M. Theresa Schwartzer led a HR roundtable discussing the workplace impact of the Pennsylvania Medical Marijuana Act. “Medical Marijuana is big business in both Pennsylvania and the rest of the United States,” said Boell at […]

Kathleen M. Mills
Jun. 12, 2017

Americans With Disabilities Act Protection Extends To Gender Dysphoria

Recently, we reported on a decision from the Seventh Circuit Court of Appeals which extended Title VII protection to cover sexual orientation.  More recently, a federal court judge sitting in Allentown has held that gender dysphoria is a disability covered by the Americans with Disabilities Act (“ADA”). In Blatt v Cabela’s, No. 5:14-cv-04822 (E.D. PA […]

Maraleen D. Shields
Jun. 6, 2017

Dragonetti Act Claims Against Attorneys Withstand Constitutional Challenge…For Now

A 5-2 Pennsylvania Supreme Court decision (Villani v. Seibert) overturned a ruling from Chester County Court of Common Pleas Judge Edward Griffith granting preliminary objections to a Dragonetti Act complaint on the basis that the claim violated the Pennsylvania Constitution. Judge Saylor wrote for the majority with Justices Baer, Todd, Dougherty, Mundy joining. The underlying […]

Douglas J. Smillie
May. 30, 2017

Appeals Court Upholds Emotional Distress Damages for Willful Violation of Bankruptcy Stay

The current Bankruptcy Code went into effect on October 1, 1979. One of the fundamental provisions of the Bankruptcy Code is the automatic bankruptcy stay which, as its name implies, automatically halts almost all collection activity against the debtor and the debtor’s property. Even though the law has been around for close to 40 years, […]

May. 26, 2017

Weeding Through the Workplace Impact of Medical Marijuana

Medical Marijuana has been legalized in the Commonwealth of Pennsylvania for nearly a year with the system of dispensaries soon to be licensed and constructed. What does that mean for you as an employer, HR representative or business owner? On Thursday, June 15, 2017, at 12:00 p.m., join FLB and the Indian Valley Chamber of […]

Maraleen D. Shields
May. 25, 2017

United States Supreme Court Upholds Nursing Home Arbitration Agreement

Nursing home arbitration agreements remain the subject of scrutiny here in Pennsylvania and beyond. A recent challenge to a Kentucky arbitration agreement recently made its way to the Supreme Court of the United States (Kindred Nursing Centers, L.P. v. Clark). The underlying case involves two families, two different power of attorney agreements, and two identical nursing […]