Jul. 5, 2017

PA Supreme Court Case Clarifies the Scope of Pennsylvania’s Personnel Files Act

by Jacob M. Sitman and Theresa M. DeAngelis, Summer Associate The question of whether a recently terminated employee in Pennsylvania has a statutory right to inspect his or her personnel file has been answered. The Pennsylvania Personnel Files Act (the “Act”) grants employees the statutory right to “at reasonable times” inspect their personnel files used […]

Jul. 1, 2017

FLB Adds New Shareholder to the Firm

Fitzpatrick Lentz & Bubba, P.C. is pleased to announce Maraleen D. Shields has been named a shareholder of the Firm. “When Maraleen joined FLB in 2014, she had a great CV and experience working at a large firm,” said Joseph A. Bubba, co-managing shareholder. “Since that time, she has used these skills to serve our […]

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., […]

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. 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 […]