Obamacare Loses a Round in Pennsylvania - Individual Mandate Violates Commerce Clause

HARRISBURG, Pa. -- A Pennsylvania federal judge on Sept. 13 held that the individual mandate contained in the Patient Protection and Affordable Care Act (PPACA) is an unconstitutional extension of authority granted to the federal government under the U.S. Constitution's commerce clause ( Barbara...

LexisNexis® Legal News Podcast - Health Care Reform Takes a Hit - Court Rules Individual Mandate Violates Commerce Clause

A Pennsylvania federal judge finds the individual mandate in the Patient Protection and Affordable Care Act violates the Constitution, Goudy-Bachman v. United States HHS, 2011 U.S. Dist. LEXIS 102897 (M.D. Pa. Sept. 13, 2011) , and, a California federal judge certifies a wage-and-hour class suing a refinery...

Third Circuit Finds Additional Insured Coverage Based on Peculiar Risk Doctrine

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision Lafayette College v. Selective Insurance Company , 2011 U.S. App. LEXIS 22721 (3d Cir. Nov. 10, 2011) , the United States Court of Appeals for the Third Circuit, applying Pennsylvania law, addressed under...

Pennsylvania Court Holds Pollution Exclusion Applies to Pig Farm Odor Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision in Travelers Property Casualty Company of America v. Chubb Custom Insurance Co., 2012 U.S. Dist. LEXIS 44756 (E.D. Pa. Mar. 30, 2012), the United States District Court for the Eastern District of Pennsylvania...

Second Circuit Holds No Duty to Defend Intellectual Property Claim

Brian Margolies, Partner, Traub Lieberman Straus & Shrewsberry LLP In its recent decision titled Feldman Law Group v. Liberty Mut. Ins. Co., 2012 U.S. App. LEXIS 7787 (2d Cir. Apr. 18, 2012) , the United States Court of Appeals for the Second Circuit, applying Pennsylvania law, had occasion to...

Ballard Spahr Legal Alert: Court Denies Pennsylvania Insurance Department’s Move to Liquidate Two Long-Term Care Insurers

By Douglas Y. Christian, Damian L. DiNicola, and Benjamin M. Schmidt, Attorneys, Ballard Spahr LLP The Commonwealth Court of Pennsylvania has rejected the efforts of the Pennsylvania Insurance Department (PID) to liquidate two long-term care insurance (LTCI) companies domiciled in Pennsylvania...

SNR Denton, US, LLP on Berg v. Nationwide Mutual Insurance Co.: Pennsylvania Court Finds Amount Insurer Paid to Defend Coverage Case Admissible Evidence of Bad Faith

By William T. Barker & Ronald D. Kent, Partners, SNR Denton Berg v. Nationwide Mutual Insurance Co. , 2012 PA SUPER 88, 2012 Pa. Super LEXIS 169, held that Nationwide could be held liable for bad faith in administering its auto damage direct repair program, in part based on violations of an...

McCarter & English LLP on Travelers Property Cas. Co. of Am. v. Mericle and Colony Ins. Co. v. Mid-Atlantic Youth Services Corp., Third Circuit Affirms Lack of Coverage for Pair of Judicial Kickback Cases

By Anne Matthews, Associate, McCarter & English, LLP Robert Mericle and Mericle Construction Company (collectively, "Mericle") along with Robert Powell and Mid-Atlantic Youth Services Corporation (collectively, "MAYS") were each sued in connection with a kickback scheme wherein...

The Right to Stack UM Coverage Can Be Waived

By Barry Zalma, Attorney and Consultant People who insure their cars in Pennsylvania have the right to stack coverages for uninsured motorist ("UM") or underinsured motorist ("UIM") coverages if they insure more than one vehicle with their insurer. The Pennsylvania statutes allow...