FLB Obtains Favorable Ruling as N.J. Court Denies Injunction
St. Luke’s Warren Hospital awarded exclusive contracts to two separate groups for the provision of general surgery and orthopedic surgery at its facility and closed its Department of Surgery and Department of Orthopedics to physicians outside of these groups. Eight physicians and Coordinated Health challenged the decision in Court and requested that an injunction be […]
FLB Prevails for City of Allentown in $5 Million Arbitration
Shareholders Douglas J. Smillie and Maraleen D. Shields recently won an arbitration on behalf of the City of Allentown in a dispute brought by Lehigh County Authority (“LCA”) and several suburban sewer authorities (Coplay-Whitehall Sewer Authority, Salisbury Township, South Whitehall and South Whitehall Township Authority and Lower Macungie Township), claiming that the City intentionally over-charged […]
Corporations Registering To Do Business In Pennsylvania Consent To Being Sued In Pennsylvania
On September 25, 2018, the Pennsylvania Superior Court in Murray v. American LaFrance, — A.3d —, 2018 Pa. Super. 267 held that foreign corporations registered to conduct business in the state automatically consent to being sued in Pennsylvania’s courts. This decision, along with the Court’s decision in Webb-Benjamin, LLC v. International Rug Group, LLC, — […]
Court Holds Non-Collusive Sheriff’s Sale Not a Preferential Transfer
In an Opinion dated July 19, 2018, the Third Circuit Court of Appeals held that a transfer of property pursuant to a non-collusive sheriff’s sale is not a preferential transfer under Section 547 of the Bankruptcy Code.
Firm Assists Newspaper in Obtaining Access to School Bus Video
Pursuant to Pennsylvania’s Right to Know Law, a regional newspaper sought to obtain a copy of a video recording of an incident involving a student and a teacher that occurred on a school bus. The school district opposed the request. The Office of Open Records (OOR) concluded that the video was a public record to […]
FLB Attorneys Named to 2018 Super Lawyers and Rising Stars Lists
Fitzpatrick Lentz & Bubba, P.C. is pleased to announce that four attorneys have been selected for inclusion in the 2018 Pennsylvania Super Lawyers list. 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 […]
Court Decides Admissibility and Authentication of Social Media Posts
The words of caution are well known, even if not always heeded: “if you post something to social media, it’s there for everyone to see”; “once it’s on the Internet, you lose all control and have no expectation of privacy”; or “anything shared electronically lives on forever.” Many cases, and even more personal embarrassment, have […]
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 […]
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. […]
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.