In Commonwealth v. Seneca Resources Corporation, 2014 LEXIS 608 (Pa. Commw. Ct., October 6, 2014), the Commonwealth Court of Pennsylvania revisited the Pennsylvania Gaming Commission's ("Commission") complaint that alleged that although Seneca Resources Corporation...
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Month: October 2014
Split Panel of Superior Court Disagrees with Prior Opinion Allowing “Good Faith” Defense to Attorney Fees Under CASPA
In Waller v. Warren Plaza, 2014 Pa. Super. 134, a split panel rejected the holding of another panel of the Superior Court in Zimmerman v. Harrisburg Fudd I, 984 A. 2d 497 (Pa. Super. 2009), with respect to whether a finding of good faith constitutes a defense to a...
“RED BULL GIVES YOU WINGS”; NEW YORKERS AND CALIFORNIANS FILE SUITS AFTER CONSUMING RED BULL ENERGY DRINKS AND FAILING TO GROW WINGS
A New York federal judge granted preliminary approval to a settlement reached between groups of New Yorkers and Californians who challenged the energy drink maker, Red Bull's, advertising slogan that "Red Bull gives you wings!" In Careathers v. Red Bull North America,...
Pennsylvania Superior Court finds that Oral Contract Supports Claim under Contractor Subcontractor Payment Act and that “curbs” Constitute “structures” and “improvements to Real Property”
By opinion dated September 10, 2014, a three judge panel of the Pennsylvania Superior Court continued the trend of applying the Contractor and Subcontractor Payment Act in a broad fashion. In Prieto Corp. v. Gambone Constr. Co., No. 1538 EDA 2013 (Pa. Superior 2014),...
Pennsylvania Supreme Court to Hear Argument on Two Insurance Cases
The Supreme Court of Pennsylvania is scheduled to hear oral argument this week in Pittsburgh on two insurance cases: Babcock & Wilcox v. American Nuclear Insurers, and Liberty Mutual Ins. Co. v. Domtar Paper Co. In Babcock & Wilcox, the Supreme Court...
Middle District of Pennsylvania Allows Plaintiff to Reassert Bad Faith Count, Finding That Insurance Company’s Actions May Effectively Amount to Denial of Coverage
In Atwood v. State Farm Fire & Ins. Co., Civ. No. 1:13-CV-1000, 2014 U.S. Dist. LEXIS 139085 (M.D. Pa. Oct. 1, 2014) (Opinion by J. Rambo), the United States District Court for the Middle District of Pennsylvania allowed Plaintiff to amend his complaint to...
