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 […]

May. 30, 2017

Emotional Distress Damages Upheld for Stay Violation

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. 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 […]

May. 22, 2017

Supreme Court Hands Down Major Decision Limiting Venue In Patent Infringement Cases

The Supreme Court of the United States today handed down a potential landmark decision in TC Heartland v. Kraft, with major ramifications for the world of patent litigation.  In its unanimous decision, the court drastically reigned in the practice of “forum shopping” in patent cases, holding that the patent venue statute, 28 U. S. C. […]

May. 18, 2017

9th Circuit Court of Appeals Considers Equal Pay Act

by Jacob M. Sitman and Gretchen L. Geisser Earlier this year, Philadelphia enacted an ordinance and became the first city in the country to ban private-sector employers from asking job applicants about their salary history.  The ordinance is based on the theory that the use of salary history perpetuates historic discrimination against women, and the […]

May. 18, 2017

FLB Attorneys Named to Super Lawyers and Rising Stars Lists

Fitzpatrick Lentz & Bubba, P.C. is pleased to announce that four attorneys have been selected for inclusion in this year’s Pennsylvania Super Lawyers. In addition, two attorneys were named to the Pennsylvania Super Lawyers – Rising Stars Edition. Historically, less than 5% of the lawyers in the state are selected for the coveted distinction of Pennsylvania […]

May. 17, 2017

Third Circuit Weighs in on Dischargeability of Late Filed Tax Debts

In a recent decision, the Third Circuit Court of Appeals determined whether Internal Revenue Service Forms 1040, filed after the IRS has made an assessment of the taxpayer’s liability, constitute “returns” for purposes of determining the dischargeability in bankruptcy of tax debts under 11 U.S.C. § 523(a)(1)(B).  In plain language, the question before the Court […]

Apr. 18, 2017

Supreme Court Issues Long Awaited Jevic Ruling, Ending Structured Dismissals in Bankruptcy

As a general proposition, Chapter 11 bankruptcy proceedings can conclude in one of three ways:  (1) confirmation of a plan of reorganization (or liquidation); (2) conversion to Chapter 7; or (3) dismissal.  Ideally, a plan is confirmed in which creditors receive payment as required under the distribution scheme embodied in the Bankruptcy Code. Plans can provide […]

Apr. 12, 2017

No Retreat, Baby, When You Surrender

Under Section 521 of the Bankruptcy code, an individual debtor is obligated to choose how to treat the collateral of a secured creditor. Under the Code, the choices are: reaffirm the debt, redeem the collateral, surrender it, or claim the property as exempt. The debtor must file a Statement of Intention which explicitly lists the […]

Oct. 25, 2016

Your Construction Business Could Be Liable to Secondary Buyers: Protect Yourself

The take-home lesson for worried home builders is that promotional materials should correctly describe your work and ensure you deliver what you advertise.