Dec. 7, 2017

Pennsylvania Superior Court Clarifies Fiduciary Duty of Members in LLCs

Fitzpatrick Lentz & Bubba represents Retina Associates of Greater Philadelphia and its two physician/owners in a suit against Mid-Atlantic Retina and its physician/owners in a dispute relating to a limited liability company (“LLC”) through which the physicians provided retina services at Wills Eye Hospital. The suit contends that the defendants breached a fiduciary owed to […]

Dec. 4, 2017

FLB Helps “Lehigh Valley Live” Win Right-to-Know Law Case

Recently, Douglas J. Smillie, shareholder and Chair of the Litigation & Trial Practice group represented The Express-Times and lehighvalleylive.com in their Pennsylvania Right-to-Know Law (RTKL) request to obtain surveillance video of an Easton Area School District teacher allegedly aggressively disciplining a student on a school bus. The case [Easton Area School District v. Miller, 191 A. 3d 75 (Pa. […]

Dec. 1, 2017

New Bankruptcy Rules in Effect on December 1

Beginning December 1, 2017, several important changes to the Federal Rules of Bankruptcy Procedure go into effect. There are significant modifications to the organization and wording of a number of Rules, but the most salient issues for creditors in the Eastern District of Pennsylvania are the new deadlines for filing proofs of claim and the […]

Sep. 27, 2017

Patent Venue Standard in Sharp Focus

The confluence of recent patent opinions from the Federal Circuit and the District of Delaware looks to be bringing the standard for patent venue, post-TC Heartland, into sharp focus. Last week the Federal Circuit held in In re Cray (17-129) that Eastern District of Texas judge Gilstrap abused his discretion when he refused transfer of […]

Sep. 18, 2017

Maraleen D. Shields Named to LVCC Board of Directors

Fitzpatrick Lentz & Bubba is pleased to announce that Lehigh Valley Children’s Center, Inc. (LVCC) has named Maraleen D. Shields to its Board of Directors. LVCC, a not-for-profit organization, has been providing high quality early education and child care to promote health child development, meet the needs of families, and encourage children to discover the […]

Sep. 15, 2017

Equi-Hacked: Freezing Your Credit After A Data Breach

On September 7, 2017, a data breach considered one of the worst in cybersecurity history, occurred when Equifax, one of the three major consumer credit reporting agencies, reported that hackers had gained access to the confidential information of 143,000,000 people, including social security numbers and dates of birth.  This was not a hack of a […]

Sep. 13, 2017

Courts Continue to Award Damages for Stay Violations

  I recently reported on the Third Circuit Court of Appeals’ decision in In re Lansaw, in which the Court upheld the imposition of sanctions, including the award of emotional distress damages, for violations of the automatic stay. I suggested that creditors be guided accordingly. Despite the clear signals from the Courts, stay violations continue and the […]

Sep. 6, 2017

Appeals Court Allows Final Chapter 13 Payment Beyond 60 Months

Few things in life are certain. Death. Taxes. Chapter 13 plan payments must be completed within 5 years. But wait – the Third Circuit Court of Appeals recently held that a Chapter 13 Debtor can receive a discharge, even if the final plan payment is made after 60 months. In a case of first impression […]

Aug. 22, 2017

Pennsylvania Superior Court Holds Diversion to Bankruptcy Court Eliminates Dragonetti Act Claim

The Pennsylvania Superior Court has held that the removal of a state law claim from the state courts to the federal bankruptcy court pre-empted the defendants’ subsequent suit under the Dragonetti Act for wrongful use of civil proceedings. The facts are summarized as follows: Landlord commenced an action against Law Firm and its partners for […]

Jul. 21, 2017

Commonwealth Court Affirms Court of Common Pleas Decision of in Favor of City of Allentown

On July 20, 2017, The Commonwealth Court of Pennsylvania affirmed the decision of the Court of Common Pleas of Lehigh County in Solid Waste Servs. v. City of Allentown & Waste Mgmt. of Pa., No. 1748 C.D. 2016 (Pa. Commw. Ct. May 2, 2017). In doing so, the Court denied the Appellants’ request for a […]