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PENNSYLVANIA RECORD

Friday, March 29, 2024

Jamie Kelly News


Despite exemption, Ripoff Report constantly threatened with lawsuits

By Jamie Kelly |
PHILADELPHIA — Consumer advocacy site Ripoff Report is threatened with lawsuits on a near daily basis, and sometimes, those threats result in a suit actually being filed, such as a case filed July 1 in the U.S. District Court for the Eastern District of Pennsylvania, claiming defamation.

HIPAA settlement shows importance of security policies, attorney says

By Jamie Kelly |
PHILADELPHIA—A lost smartphone that led to a data breach has ended up costing a health care management company $650,000 and points to the importance of securing protected health information, according to a lawyer who practices health care law.

Third Circuit: Repo company didn't violate law even though loan was usurious

By Jamie Kelly |
PHILADELPHIA — A U.S. Third Circuit Court of Appeals ruling on a case involving the repossession of a car leaves questions unanswered about whether such actions might violate state or federal law, but makes clear that it’s not a violation of the Fair Debt Collection Practices Act to do so.

Recent state SC decision focused on law rarely seen in litigation

By Jamie Kelly |
HARRISBURG — Court cases that involve a provision of the Commonwealth’s education law known as the Transfer Between Entities Act are relatively rare, according to a lawyer with years of experience representing school districts.

Attorney: 'significant gaps' in safety procedures led to April’s fatal Amtrak crash

By Jamie Kelly |
PHILADELPHIA — The crash that claimed the lives of two Amtrak workers in April was the result of multiple failures and points toward the need for better safety measures all around, according to a lawyer representing the family of one of those killed.

State SC to decide if suspended attorneys can handle unemployment matters

By Jamie Kelly |
HARRISBURG — A long-running case about whether a suspended attorney can represent someone during an unemployment compensation appeal is headed toward a final resolution with the state Supreme Court agreeing to take the case.

Advocate hopes Supreme Court ruling shows agencies the importance of transparency

By Jamie Kelly |
HARRISBURG — A recent decision by the Pennsylvania Supreme Court that forces the state Public Utility Commission to release documents after a nearly three-year battle was not only correct, but also will hopefully make other agencies more likely to release documents without a court battle, the former executive director of the Pennsylvania Office of Open Records said.

Pa. company forced to hear dispute in North Carolina

By Jamie Kelly |
RALEIGH, N.C. — A potential conflict over a provision in a contract and North Carolina law shows the importance of both parties having an attorney to go over contracts before signing them, an attorney says.

Parks LLC trademark case offers roadmap for future litigants

By Jamie Kelly |
A recent false advertising and trademark infringement case in federal court offers an outline of what to do when a trademark is expired but a company still wants to bring an infringement case, says an expert on trademark law.

Investors, municipalities and water customers likely to benefit from changed purchase regulations

By Jamie Kelly |
Act 12, a new Pennsylvania law that takes effect June 13, will make it easier and more attractive for investor-owned utility companies to buy water and sewer facilities from municipalities while also protecting the public from large increases in their water rates.

New notice to homeowners facing foreclosure designed to be easier to understand

By Jamie Kelly |
HARRISBURG — As part of recent Pennsylvania Housing Finance Agency's (PHFA) amended regulations, lenders will have to send a newly revised notice of homeowners’ rights and options when facing foreclosure to all customers by Sept. 1.

Pennsylvania prohibits insurers from discriminating based on gender identity

By Jamie Kelly |
HARRISBURG—A notice issued earlier this month by Pennsylvania Insurance Commissioner Teresa Miller prohibits insurance companies from discriminating based on gender identity, but don’t require any specific coverage for procedures.

Licensing restrictions and usage rights at the heart of Houghton-Mifflin copyright case

By Jamie Kelly |
PHILADELPHIA — It can be difficult for companies with large numbers of images to keep track of the licenses they have for each, but they have a legal responsibility to do so, according to an advocate for simplifying image rights management.

'Likelihood of confusion' is standard at issue in winery trademark case

By Jamie Kelly |
PHILADELPHIA—In order to prevail in its recently filed trademark infringement case, California winery Wilson’s Vineyards will have to prove that there’s a likelihood consumers would confuse it with Pennsylvania-based Wilson’s Vineyard.