In Dittman v. UPMC, No. 43 WAP 2017, the Pennsylvania Supreme Court issued an opinion that addressed important issues concerning the scope of an employer’s duty to use reasonable care to safeguard its employees’ sensitive personal information. The Court also addressed and clarified the scope of the economic loss doctrine, as applied to negligence claims […]
Litigation
The Federal Defend Trade Secrets Act — Emerging Case Law in the Third Circuit
The federal Defend Trade Secrets Act (DTSA) was enacted by Congress in May 2016 to provide, for the first time, a federal statutory claim for misappropriation of trade secrets. 18 U.S.C. §§ 1831, et seq. Until the DTSA became effective, claims of trade secret misappropriation were litigated exclusively in state courts under state trade secret […]
Pennsylvania Superior Court Rejects its Prior Decisions and Adopts Expansive Reach of Consumer Protection Statute, Ruling that the UTPCPL Imposes Strict Liability
A panel of the Superior Court recently issued a decision that could significantly expand the reach of the Unfair Trade Practices and Consumer Protection Law, ruling for the first time that the “catchall” provision of the statute imposes strict liability. Gregg v. Ameriprise Financial, Inc., No. 1504 WDA 2017 (Pa. Super. Sept. 12, 2018). The […]
Pennsylvania Superior Court Applies Two-Year Tort Statute of Limitations in Affirming Dismissal of Legal Malpractice Claim
On August 31, 2018, the Pennsylvania Superior Court issued a decision that likely will be a significant precedent in determining whether legal malpractice claims are barred by the statutes of limitation. In Seidner v. Howard Finkelman, Nos. 716 EDA 2017 and 808 EDA 2017, the Panel (President Judge Gantman and Judges Shogan and Platt) ruled […]
Third Circuit Holds That FINRA Arbitration Requirement Trumps Forum Selection Clause
A panel of the Court of Appeals for the Third Circuit recently rejected an attempt by J.P. Morgan Securities LLC to enforce a forum selection clause, holding that J.P. Morgan Securities was required to submit to FINRA arbitration under FINRA Rule 12200. Reading Health System v. Bear Stearns & Co. n/k/a J.P. Morgan Securities LLC, […]
