Cole v. Pa. Dep’t Envtl. Prot.

Petitioners appealed the Department of Environmental Protection’s (DEP) decision to approve a plan to construct a natural gas compressor station. The Pennsylvania Environmental Hearing dismissed the appeal, concluding that it lacked subject matter jurisdiction. Petitioners appealed that dismissal. The question before the Pennsylvania Commonwealth Court was whether Section 19(d)(1) of the federal Natural Gas Act … Read more

Klotz v. Celentano Stadtmauer & Walentowicz LLP

In Klotz v. Celentano Stadtmauer & Walentowicz LLP, the Third Circuit affirmed the District Court’s order granting the defendant’s motion to dismiss the complaint for failure to state a claim. A hospital retained the defendant law firm to collect a debt incurred by the plaintiff’s husband. The husband died before paying the debt and did … Read more

Commonwealth v. Navient Corp.

The 3rd Circuit handed Pennsylvania Attorney General Josh Shapiro a nice win in Commonwealth v. Navient Corp., when it held that the AG’s Office could maintain a concurrent enforcement action against a student loan provider at the same time as a similar action by the federal Consumer Financial Protection Bureau under the Consumer Financial Protection … Read more

Plastic Surgery Ctr. v. Aetna Life Ins. Co.

In Plastic Surgery Ctr. v. Aetna Life Ins. Co., the 3rd Circuit held that ERISA’s broad preemption clause found in section 514(a) does not preempt service providers from bringing common-law claims — such as breach of contract and promissory estoppel — against benefits providers when those benefits providers renege on their contractual obligations to pay … Read more

Arafa v. Health Express Corp.

In Arafa v. Health Express Corp., the New Jersey Supreme Court held that when the Federal Arbitration Act exempts a contract from arbitration, the state analog — the New Jersey Arbitration Act — may still apply and the FAA does not preempt the NJAA.