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.
Appeals Court Allows Final Chapter 13 Payment Beyond 60 Months
Few things in life are certain. Death. Taxes. Chapter 13 plan payments must be completed within 5 years. But wait – the Third Circuit Court of Appeals recently held that a Chapter 13 Debtor can receive a discharge, even if the final plan payment is made after 60 months. In a case of first impression […]
Pennsylvania Superior Court Holds Diversion to Bankruptcy Court Eliminates Dragonetti Act Claim
The Pennsylvania Superior Court has held that the removal of a state law claim from the state courts to the federal bankruptcy court pre-empted the defendants’ subsequent suit under the Dragonetti Act for wrongful use of civil proceedings. The facts are summarized as follows: Landlord commenced an action against Law Firm and its partners for […]
Commonwealth Court Affirms Court of Common Pleas Decision of in Favor of City of Allentown
On July 20, 2017, The Commonwealth Court of Pennsylvania affirmed the decision of the Court of Common Pleas of Lehigh County in Solid Waste Servs. v. City of Allentown & Waste Mgmt. of Pa., No. 1748 C.D. 2016 (Pa. Commw. Ct. May 2, 2017). In doing so, the Court denied the Appellants’ request for a […]
Supreme Court Rules Filing a Stale Claim is not an Unfair Debt Collection Practice
On May 15, 2017, the Supreme Court resolved a split among the Circuit Courts of Appeals, holding that the filing a time-barred / stale claim does not violate the Fair Debt Collection Practices Act. Midland Funding v. Johnson (U.S. May 15, 2017). The Fair Debt Collection Practices Act, 15 U. S. C. §§1692 et seq., […]
Emotional Distress Damages Upheld for Stay Violation
The current Bankruptcy Code went into effect on October 1, 1979. One of the fundamental provisions of the Bankruptcy Code is the automatic bankruptcy stay which, as its name implies, automatically halts almost all collection activity against the debtor and the debtor’s property. Even though the law has been around for close to 40 years, […]