The current state of Pennsylvania products liability law remains muddled as we continue to await the Pennsylvania Supreme Court's ruling in Tincher v. Omega Flex. As previously discussed, the Court in Tincher is determining whether the Restatement Second of Torts or...
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Houston Harbaugh
Month: March 2014
Pennsylvania Superior Court Holds Claims for Injuries Sustained by Closely-Held Corporation are Derivative in Nature
In the recent case of Hill v. Ofalt, 2014 PA Super 17 (Pa. Super. Feb. 5, 2014), the Pennsylvania Superior Court considered whether the trial court had properly sustained preliminary objections to claims asserted by an individual shareholder who was attempting to...
Western District of Washington Decision Enforces “Violation of Statutes” Exclusion to Preclude Coverage for Underlying Class Action Alleging Improper Disclosure of Customer Information by Insured
In National Union Fire Insurance Company of Pittsburgh, PA v. Coinstar, Inc., No. C13-1014-JCC (W.D. Wash. Feb. 28, 2014), the U.S. District Court for the Western District of Washington recently held that National Union had no duty to defend or indemnify Redbox , a...
Pennsylvania Supreme Court to review ability of subsequent buyer to claim breach of implied warranty against construction contractor.
In Conway v. Cutler Group, Inc., 57 A.3d 155 (Pa. Super 2012), the Pennsylvania Superior Court held for the first time that a subsequent buyer of a home, who has no contractual privity with the contractor, can nonetheless assert claims against the contractor...
A Review of Robinson Township v. Commonwealth of Pennsylvania
Co-authored by Alan S. Miller. On February 21, 2014, the Supreme Court of Pennsylvania declined to reconsider its landmark decision of December 19, 2013, invalidating several provisions of Act 13 on the grounds that various provisions of the amendments to the Oil and...
What Is a Patent?
Cross-posted at Pit IP Tech Blog At its most basic, a patent is a right granted by the United States government to prevent someone else from making, using, selling, offering for sale, or importing a product in the United States that uses the patented invention or...
