DEFAMATION-IMMUNITY-MEDICAL PRACTICE ACT

05/24/2017 14:35:42 PM

Greenberg v. McGraw, 2017 Pa. Super. LEXIS 324 (May 5, 2017) Bender, P.J.E.  Appellant, Michael R. Greenberg, M.D., MBA, appeals from the trial court’s April 28, 2016 order sustaining Appellee’s, Nadine M. McGraw, preliminary objections ...

MEDICAL MALPRACTICE-INFORMED CONSENT-RISK/COMPLICATION EVIDENCE

05/24/2017 14:33:46 PM

Mitchell v. Shikora, 2017 Pa. Super. 134 (May 5, 2017) Musmanno, J.  Lanette Mitchell (“Mitchell”) appeals from the Judgment entered in favor of Evan Shikora, D.O. (“Dr. Shikora”), University of Pittsburgh Physicians d/b/a Womancare ...

PRODUCTS LIABILITY-TINCHER

05/24/2017 14:32:06 PM

Renninger v. A&R Machine Shop, 2017 Pa. Super. 98 (April 11, 2017) Stabile, J.  On May 25, 2007, Appellant Dennis Renninger was at work in the Clarion, Pennsylvania plant of his employer, Commodore Homes (“Commodore”), a manufacturer of ...

Mobile Phone Carelessness and Negligence Play a Role in Auto Collisions

05/24/2017 11:49:42 AM

Driving while distracted can be life-threatening, especially if the distraction involves a cell phone. According to new data collected by Cambridge Mobile Telematics (CMT) from hundreds of thousands of drivers using its app, more than half of ...

CONTRACTS-DAMAGES

05/23/2017 08:28:14 AM

Gutteridge v. J3 Energy Group, Inc., 2017 Pa. Super. LEXIS 363 (May 17, 2017) Lazarus, J.  Gutteridge and AEP commenced an action against Russial and J3, claiming promissory estoppel, breach of contract, unjust enrichment, breach of implied ...

PRISONER LAW-RETALIATION

05/23/2017 08:26:41 AM

Wisniewski v. Fisher, et al., 2017 U.S. App. LEXIS 8577 (3d Cir. Pa. May 16, 2017) Vanaskie, C.J.  Appellant Thomas Wisniewski, appeals from an order of the United States District Court for the Middle District of Pennsylvania dismissing his ...

National Patient Safety Awareness Week

05/22/2017 11:39:58 AM

Cliff Rieders is a founding member of Pennsylvania’s Patient Safety Authority. In 1999, the Institute of Medicine suggested a Patient Safety Authority. No one reacted to the catastrophe of preventable medical deaths in this country. Yet Cliff ...

FEDERAL EMPLOYEES HEALTH BENEFITS ACT OF 1959-SUBROGATION

05/22/2017 09:16:53 AM

Coventry Health Care of Missouri, Inc. v. Jodie Nevils, 581 U.S. ___ (April 18, 2017) Ginsburg, J.  In the Federal Employees Health Benefits Act of 1959 (FEHBA), 5 U. S. C. §8901 et seq., Congress authorized the Office of Personnel Management ...

INSURANCE-EXCLUSIONS-ENVIRONMENTAL

05/22/2017 09:15:21 AM

Pa. Manufacturers’ Ass’n Ins. Co. v. Johnson Matthey, 2017 Pa. Commw. LEXIS 115 (April 21, 2017) Colins, S.J.  This case is a petition for review filed by Pennsylvania Manufacturers’ Association Insurance Company (Insurer) against Johnson ...

ASBESTOS-INSURANCE

05/22/2017 09:14:28 AM

General Refractories Co. v. First State Ins. Co., 2017 U.S. App. LEXIS 6984 (April 21, 2017) Vanaskie, C.J.  Today we must decide which of two companies will bear costs associated with a staggering number of asbestos claims. These companies—a ...

SOVEREIGN IMMUNITY-INDEMNIFICATION

05/22/2017 09:13:32 AM

Lewis v. Clarke, 2017 U.S. LEXIS 2796, 581 U.S. ___ (April 25, 2017) Sotomayor, J. We have never before had occasion to decide whether an indemnification clause is sufficient to extend a sovereign immunity defense to a suit against an employee ...

CONSTITUTIONAL LAW-8TH AMENDMENT-SUICIDE-DELIBERATE INDIFFERENCE

05/17/2017 14:45:58 PM

Palakovic v. Wetzel, No. 16-2726 (3rd Cir. April 14, 2017) Smith, C.J.  Brandon Palakovic, a mentally ill young man who was imprisoned at the State Correctional Institution at Cresson, Pennsylvania (SCI Cresson), committed suicide after repeatedly ...

ARBITRATION-MEDICAL MALPRACTICE-NURSING HOME MALPRACTICE-POWER OF ATTORNEY

05/17/2017 14:43:41 PM

Kindred Nursing Ctrs. P’ship, et al. v. Clark, 2017 U.S. LEXIS 2948 (May 15, 2017) Kagan, J.  Justice Kagan wrote that the Federal Arbitration Act requires courts to place arbitration agreements under equal footing with other contracts.  ...

Motorcycle Safety Awareness Month

05/09/2017 14:25:39 PM

Riding a motorcycle can be fun and exhilarating, but it also can be dangerous. According to the National Highway Traffic Safety Administration (NHTSA), 2014 data shows that motorcyclists are about 27 times more likely than passenger car occupants ...

Gross v. Nova Chems. Servs., 2017 Pa. Super. LEXIS 290

05/02/2017 13:35:43 PM

Chief pilot claims constructive discharge.  People who are forced to fly together did not communicate which a company thought was a safety situation.  In order to comply with duties under the FAA, including to have final authority over operation ...

Villani v. Seibert, 2017 Pa. LEXIS 939, Chief Justice Saylor decided April 26, 2017

05/02/2017 13:22:25 PM

In this interlocutory direct appeal by permission, we consider whether a legislative enactment recognizing a cause of action for wrongful use of civil proceedings infringes upon this Court’s constitutionally prescribed power to regulate the ...

NEGLIGENCE-AIRLINES

05/02/2017 08:14:50 AM

Okeke-Henry v. Southwest Airlines, 2017 Pa. Super. LEXIS 250 (April 13, 2017) Stabile, J.  Trial court erred in determining that passenger’s negligence claim against airline was preempted by Federal Aviation Act, as there is no basis for ...

CONSTITUTIONAL LAW-8TH AMENDMENT-OVER-DETENTION STANDARD

05/02/2017 08:13:42 AM

Wharton v. Danberg, No. 16-1988 (3rd Cir. April 19, 2017) Greenaway, C.J.  The class action claim that Delaware correctional system routinely failed to release inmates in a timely manner, holding them for days or weeks beyond when they should ...

CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-PROPERTY-CRIMINAL ACQUITTAL

05/02/2017 08:12:25 AM

Nelson v. Colorado, 581 U.S. ___ (April 19, 2017) Ginsburg, J.  When a criminal conviction is invalidated by a reviewing court and no retrial will occur, is the State obliged to refund fees, court costs, and restitution exacted from the defendant ...

Rare Blood Cancer May Be Linked to Breast Implant

05/01/2017 13:11:28 PM

Recent research has shown that breast implants might have life-threatening side effects, including an increased risk of cancer. The U.S. Food and Drug Administration (FDA) has concluded that breast implants, whether composed of saline or silicone, ...

WRONGFUL DISCHARGE-SUMMARY JUDGMENT

04/26/2017 13:43:42 PM

Metalico Pittsburgh v. Newman, 2017 Pa. Super. LEXIS 266 (April 19, 2017) Solano, J.  Appellant Metalico Pittsburgh, Inc. appeals from the order granting partial summary judgment in favor of Appellee Allegheny Raw Materials, Inc. (“ARM”) ...

ATTORNEY’S FEES-CIVIL RIGHTS-PENNSYLVANIA-PREVAILING PARTY

04/26/2017 13:41:00 PM

Huyett v. Doug’s Family Pharm., 2017 Pa. Super. LEXIS 272 (April 20, 2017) Bowes, J.  Upon remand for the determination of attorney fees, the trial court followed this Court’s directive.  It presided over the trial and had the opportunity ...

PROCEDURE-DOCUMENTARY EVIDENCE

04/26/2017 13:39:26 PM

Grimm v. Universal Med. Servs., 2017 Pa. Super. LEXIS 139 (March 1, 2017) Bender, P.J.E.  Appellants, Universal Medical Services, Inc. and Roderick K. Reeder, CFO, appeal from the trial court’s March 24, 2016 order granting Appellee’s, ...

PRODUCTS LIABILITY-TINCHER

04/26/2017 13:35:10 PM

American Honda Motor Co. v. Martinez, No. 445 EDA 2015 (Pa. Super. April 19, 2017) Dubow, J. This case was decided before Tincher.  The question is whether post-Tincher, the jury was properly charged.  The trial court in fact did engage in ...

PRODUCTS LIABILITY-TINCHER STANDARDS

04/18/2017 10:31:19 AM

Renninger v. A&R Machine Shop, 2017 Pa. Super. LEXIS 241 (April 11, 2017) Stabile, J.  Appellants, Dennis A. Renninger and his wife, Patsy D. Renninger, appeal from the judgment of November 12, 2015. We affirm. On May 25, 2007, Appellant Dennis ...

CIVIL RIGHTS-ARREST-PROBABLE CAUSE

04/18/2017 10:28:38 AM

The District Court erred by granting summary judgment on the basis of qualified immunity. Accordingly, the case was reversed.  A misrepresentation in the police officer’s affidavit concerning the physical description of the alleged criminal, ...

INSURANCE-BAD FAITH-TITLE INSURANCE

04/17/2017 13:01:13 PM

Michael v. Stock, 2017 Pa. Super. LEXIS 245 (April 11, 2017) Solano, J.  This case deals with bad faith in the unusual context of title insurance.  At issue is an amended third party complaint.  The descriptions of property in an insurance ...

Class Action Lawsuits Face a Serious Threat

04/13/2017 05:44:54 AM

Class action lawsuits are one of the most fundamental tools for citizens to band together against large entities such as corporations and manufacturers. These lawsuits provide strength through numbers and may be brought on behalf of groups of ...

Dangerous Drug Combinations

04/10/2017 05:42:18 AM

What happens when you become extremely ill after taking medicine your doctor ordered? Patients have every expectation that the medications prescribed for them will be beneficial and help get them well; but all too often, drugs — and their ...

ARBITRATION-HOME INSPECTION AGREEMENT

04/06/2017 12:25:06 PM

Home inspection agreement contained an arbitration clause.  The lower court found it was not enforceable, but the Superior Court reversed and sent it back to the trial court with instructions.  A PECO power pole fell over and started a fire, ...

ATTORNEY’S FEES-PENNSYLVANIA RULES OF CIVIL PROCEDURE-MAXIMUM RECOVERABLE

04/06/2017 12:23:56 PM

Grimm v. Universal Medical Services, Inc., et al., No. 591 WDA 2016, 2017 PA Super 53 (March 1, 2017) Bender, P.J.E.  Appellants, Universal Medical Services, Inc. and Roderick K. Reeder, CFO, appeal from the trial court’s March 24, 2016 order ...

CONSTITUTIONAL LAW-FIRST AMENDMENT-SPEECH-COMMERCIAL SPEECH

04/06/2017 12:22:34 PM

Expressions Hair Design v. Schneiderman, 2017 U.S. LEXIS 2186, No. 15-1391 (S. Ct. March 29, 2017) Roberts, C.J.  Each time a customer pays for an item with a credit card, the merchant selling that item must pay a transaction fee to the credit ...

ARBITRATION-INTENT TO BE BOUND-WEBSITE

04/06/2017 12:15:05 PM

The question is whether appellees intended to be bound by the terms of use contained on a website even though they never visited it.  The lower court properly held that appellees did not agree to arbitrate and the Third Circuit affirmed.  ...

STATUTE OF FRAUDS-MORTGAGE

04/06/2017 12:13:30 PM

The trial court misconstrued the law.  Therefore the judgment below was vacated and the matter remanded for proceedings.  The case involved whether a mortgage was viable.  Unfortunately, the two people who knew most about it were deceased.  ...

FAMILY MEDICAL LEAVE ACT-CAUSATION

04/05/2017 08:57:17 AM

A jury found that plaintiff was not the victim of discrimination or retaliation.  It was claimed that the court should have given a mixed-mode of jury instruction in connection with the FMLA claim.  There must be evidence, direct or circu ...

PHARMACEUTICAL-PREEMPTION

04/05/2017 08:55:52 AM

In re Fosamax Alendronate Sodium Prods. Liability Litigation, 2017 U.S. App. LEXIS 5075 (March 22, 2017) Fuentes, J.  Beginning in 2010, hundreds of plaintiffs filed personal-injury suits against the drug manufacturer Merck Sharp & Dohme, alleging ...

SOVEREIGN IMMUNITY-POLITICAL SUBDIVISION TORT CLAIMS ACT-EXCEPTIONS-REAL PROPERTY-FALL OVER COMPUTER CABLES

04/05/2017 08:53:34 AM

Gillingham v. County of Delaware, No. 2532 C.D. 2015 (February 14, 2017) Brobson, J.  It was claimed that a cause of action could be brought for a fall over computer cables because this was an exception under the real estate exception of the ...

INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM/UM COVERAGE-REJECTION FORM-COMPLIANCE

04/05/2017 08:21:34 AM

Alisha L. Ford v. Am. States Ins. Co., 2017 Pa. LEXIS 444 (S. Ct. February 22, 2017) Baer, J.  Section 1731 of the Motor Vehicle Financial Responsibility Law (“MVFRL”) governs underinsured motorist (“UIM”) and uninsured motorist coverage. ...

INDIVIDUALS WITH DISABILITIES EDUCATION ACT-EXHAUSTION OF ADMINISTRATIVE PROCEDURES

04/05/2017 08:20:22 AM

Fry v. Napoleon Cmty. Schs, 2017 U.S. LEXIS 1427  (S. Ct. February 22, 2017) Kagan, J.  This case holds that exhaustion is not necessary when the gravamen of a plaintiff’s suit is something other than the denial of the IDEA’s core guarantee, ...

EVIDENCE-DEAD MAN’S STATUTE-NEGLIGENCE CASE

04/05/2017 08:18:47 AM

Davis v. Byron Wright, 2017 Pa. Super. LEXIS 130; 2017 PA Super. 48 (February 27, 2017) Stevens, P.J.E. The lower court properly ruled as a matter of law that there was no waiver of the protection of the Dead Man’s Statute.  Therefore, surviving ...

CIVIL RIGHTS-PRISONERS-MEDICAL NEEDS-DELIBERATE INDIFFERENCE

04/05/2017 08:17:47 AM

Pearson v. Prison Health Service, et al., No. 16-1140 (3rd Cir. March 7, 2017) Fisher, C.J.  Antonio Pearson is a prisoner who suffered from two serious medical needs during his incarceration at Pennsylvania State Correctional Institution-Somerset ...

MEDICAL MALPRACTICE-MENINGITIS DEATH

04/05/2017 08:15:18 AM

Tillery v. Children’s Hospital of Philadelphia, 2017 Pa. Super. LEXIS 134 (February 28, 2017) Platt, J.  Plaintiff need not exclude every possible explanation of an accident.  It is enough that reasonable minds are able to conclude that ...

MEDICAL MALPRACTICE-ARBITRATION

03/27/2017 08:37:32 AM

Cardinal v. Kindred Healthcare, Inc., PICS Case No. 17-0149 (Pa. Super. Jan. 27, 2017) Lazarus, J.  Kindred Healthcare, Inc. appealed from an order entered in the Court of Common Pleas of Berks County, overruling Kindred’s preliminary objections ...

MEDICAL MALPRACTICE-PEER REVIEW

03/27/2017 08:34:18 AM

In this case, a doctor was the plaintiff, claiming that outside peer review was done to ruin his career.  The hospital was concerned that the physicians had performed unnecessary stent procedures.  They wanted to take action against the p ...

CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-SUBSTANTIVE DUE PROCESS-CHILD ABUSE REPORT

02/23/2017 10:28:20 AM

Plaintiff sued daycare alleging defendant Tioga County and Tioga County Department of Human Services violated 14th Amendment rights to substantive due process by wrongfully filed a child abuse claim against her causing the revocation of her ...

WORKERS’ COMPENSATION-SUBROGATION-INSURANCE COMPANY AS PLAINTIFF WITH REAL INTEREST IN LAWSUIT

02/23/2017 10:26:40 AM

Because employee did not bring suit against third party, Hartford had a right to bring suit on behalf of the employee.  Hartford has a real interest in the lawsuit because it has the statutory right of subrogation to the employee’s recovery ...

UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW-RELIANCE-MORTGAGE FORECLOSURE

02/23/2017 10:25:07 AM

Claim for violation of Unfair Trade Practices and Consumer Protection Law thrown out by trial court.  The Third Circuit affirmed.  In 1999, homeowners obtained a home loan from Parkway Mortgage secured by a mortgage on the property.  Parkway ...

PROCEDURE-DISCOVERY-PROPORTIONALITY-LAWNMOWER GASOLINE CAP

02/15/2017 10:43:27 AM

In this opinion by Judge Brann of the Middle District, the court applied a sliding scale as to whether alternative reasonable designs should be discoverable.  What happened was that the user of the lawnmower heard the lawnmower sputtering and ...

PROCEDURE-JOINDER-PRODUCTS LIABILITY CASE – DEFENDANT SUING INSURANCE COMPANY

02/15/2017 10:42:20 AM

In this case involving Marcia Confer v. Fairfield Auto, Fairfield Auto joined the insurance company of the plaintiff.  The judge said that this was improper.  In a products liability or negligence claim, the automobile manufacturer may not ...

CONTRACTS-EMPLOYMENT-AT-WILL

02/15/2017 10:40:43 AM

Wakeley v. M.J. Brunner, Inc., 147 A.3d 1 (Pa. Super. 2016).  Appellant, whose case had been thrown out below, filed an appeal.  The Superior Court affirmed.  Appellant accepted an offer of employment and relocated her family from Dallas ...

ATTORNEY MALPRACTICE-STATE ACTION-SETTLEMENT- Kilmer v. Sposito, 146 A.3d 1275 (Pa. Super. 2016)

02/15/2017 10:39:37 AM

In this appeal, Appellant Janet Kilmer (“Appellant”) appeals the trial court’s order sustaining preliminary objections in the nature of a demurrer filed by her former attorney, Appellee James Sposito (“Appellee”), in Appellant’s ...

Negligent Intubation

01/30/2017 08:05:14 AM

If you are in a medical emergency where you cannot breathe, intubation is a procedure that can save your life. However, if not done properly, quickly enough or with the right equipment, intubation can cause significant injuries and even death. ...

Signs of Medical Malpractice

01/18/2017 13:36:14 PM

It has been estimated that preventable medical mistakes cause 1,000 deaths and 10,000 cases of serious complications per day. Medical malpractice can happen anywhere, including doctors’ offices, ambulatory care centers, surgery centers, urgent ...

SOVEREIGN IMMUNITY-MANDAMUS-DECLARATORY JUDGMENT ACTIONS-EMPLOYMENT

01/17/2017 13:06:22 PM

Brimmeier v. Pennsylvania Turnpike Commission, 147 A.3d 954 (Pa. Cmwlth. 2016).  The law is clear that sovereign immunity does not bar either mandamus or declaratory judgment action.  Therefore, to the extent that the Commission objects to ...

WRONGFUL DISCHARGE-FILING OF A COMPLAINT

01/17/2017 13:05:08 PM

Kegerise v. Delgrande, 147 A.3d 930 (Pa. Cmwlth. 2016).  The School Board argued that Dr. Kegerise’s filing of her federal complaint constituted a resignation.  According to the School Board, Dr. Kegerise’s verified federal complaint alleging ...

DAMAGES-INFLICTION OF EMOTIONAL DISTRESS-MEDICAL TESTIMONY

01/17/2017 13:03:45 PM

Gray v. Huntzinger, 147 A.3d 924 (Pa. Super. 2016).  The Pennsylvania Supreme Court clearly articulated in Kazatsky (Kazatsky v. King David Memorial Park, Inc., 527 A.2d 988 (1987)) that to the extent the tort of intentional infliction of emotional ...

STANDING-BENEFICIARIES OF CDs

01/17/2017 13:01:48 PM

Rellick v. Smith v. Rellick, 147 A.3d 897 (Pa. Super. 2016).  We conclude that Rellick-Smith, as a beneficiary of the CDs named by the decedent/principal during her life, had standing to challenge the propriety of the Defendants’ unilateral ...

A Tragic Multiple-Vehicle Crash on I-80 Claims Two Lives

01/13/2017 14:32:02 PM

A catastrophic series of events on Wednesday, January 11, led to two truck driver fatalities on I-80 near the Clinton County/Centre County line. At around 12:45 a.m., a tractor-trailer slid off the right side of the interstate, setting in motion ...

Is Pa. Still the Keystone State for Products Liability Litigation | The Legal Intelligencer

01/12/2017 08:42:41 AM

Source: Is Pa. Still the Keystone State for Products Liability Litigation | The Legal Intelligencer The post Is Pa. Still the Keystone State for Products Liability Litigation | The Legal Intelligencer appeared first on Rieders, Travis, Humphrey, ...

Deadly Crash Closes Section of Interstate 80 in Clinton County | WNEP.com

01/12/2017 07:09:48 AM

MARION TOWNSHIP, CENTRE CO. — A deadly crash in Centre County closed a section of Interstate 80 for nearly 21 hours in Clinton County.Interstate 80 eastbound was closed near the Clinton County/Centre County line after the crash around 12:45 ...

CONTRACTOR AND SUBCONTRACTOR PAYMENT ACT-PROPERTY OWNER’S AGENTS

01/04/2017 08:53:09 AM

Scungio Borst and Associates v. 410 Shurs Lane Development, 146 A.3d 232 (Pa. 2016). Justice Todd.  In this appeal, we consider whether a contractor may maintain an action under the Contractor and Subcontractor Payment Act (“CASPA”) against ...

CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-SUBSTANTIVE DUE PROCESS-GRANDPARENTS’ CUSTODY

01/04/2017 08:51:35 AM

D.P. v. G.J.P., 146 A.3d 204 (Pa. 2016) Chief Justice Saylor.  This is a direct appeal from a common pleas court order invalidating a statutory provision giving grandparents standing to seek custody of their minor grandchildren.  The question ...

CONSTITUTIONAL LAW-FOURTH AMENDMENT-EXCESSIVE FORCE

01/04/2017 08:50:15 AM

Johnson v. City of Philadelphia, 837 F.3d 343 (3rd Cir. 2016).  FUENTES, Circuit Judge: Kenyado Newsuan was standing in the street, naked, high on PCP, and yelling and flailing his arms. Philadelphia police officer Thomas Dempsey arrived on ...

Hammons v. Ethicon, Inc., No. 03913, Control No. 15083405 (C.C.P. Philadelphia September 30, 2016)

12/16/2016 14:44:51 PM

On May 31, 2013, Plaintiff Patricia Hammons commenced this action by filing a complaint against defendants for injuries stemming from the implantation of Pro Lift Pelvic Mesh.  On December 22, 2015, the jury assessed $7 million in punitive ...

Vaccaro v. Scranton Quincy Hospital Company, No. 14 CV 7675 (C.C.P. Lackawanna October 27, 2016)

12/16/2016 14:43:17 PM

The “Motion in Limine of Defendants, Scranton Quincy Hospital Company, LLC d/b/a Moses Taylor Hospital, and Scranton Quincy Clinic Company d/b/a Physicians Health Alliance, Inc., to Preclude Plaintiffs’ Expert Opinions and/or Testimony Regarding ...

Crespo v. Hughes, No. 2231 EDA 2016 (C.C.P. Philadelphia September 2, 2016)

12/16/2016 14:41:27 PM

Defendants-Appellants are William Hughes, M.D. and Hughes & Hensell Associates, P.C. (hereinafter “Defendants”).  Plaintiffs-Appellees are Antonio Crespo (hereinafter “Crespo”) and Edward Torralvo (hereinafter “Torralvo”). This ...

ARBITRATION-MEDICAL MALPRACTICE-NURSING HOMES

12/16/2016 14:37:55 PM

Taylor v. Extendicare Health Facilities, 147 A.3d 490 (Pa. 2016).  JUSTICE WECHT. The Federal Arbitration Act (“FAA”) provides that arbitration agreements “shall be valid, irrevocable, and enforceable, save upon such grounds as exist ...

Talcum Powder & Cancer

12/09/2016 14:55:20 PM

Could the talcum powder you have been using to feel fresh and dry cause cancer? Yes, say cancer victims in the more than 2,000 lawsuits filed against Johnson & Johnson, makers of the products Johnson’s Baby Powder and Shower to Shower. The ...

Frey v. Potorski, 145 A.3d 1171 (Pa. Super. 2016)

12/09/2016 08:19:22 AM

Opinion by Fitzgerald, J.:  Appellant, Mary Jane Frey, administratrix of the Estate of Richard John Frey (“Decedent”), appeals from the judgment entered in the Luzerne County Court of Common Pleas in this medical malpractice action.  Appellant ...

Curry v. Yachera, 835 F.3d 373 (3rd Cir. 2016)

12/09/2016 08:17:38 AM

Man arrested for retail theft, Curry, was sent to jail and waited three months for his case to proceed.  He was innocent.  The trial court dismissed the case and the Third Circuit affirmed with its own spin.  The court pointed out the inequality ...

Black v. Montgomery County, 835 F.3d 358 (3d Cir. 2016)

12/09/2016 08:15:45 AM

Michele Black filed a lawsuit claiming that various local officials maliciously prosecuted her in violation of the Fourteenth Amendment.  She was acquitted at trial.  The court held that the lower court order throwing the case out should be ...

Barnes v. Alcoa, Inc., 145 A.3d 730 (Pa. Super. 2016)

12/09/2016 08:13:00 AM

Kawneer Company Wholly Owned Subsidiary of Alcoa hired Crawford to clear snow.  Plaintiff fell on the ice.  Alcoa was thrown out of the case.  The contract to clear the snow was between Kawneer the property owner and the snow clearing company ...

Do Administrative and Nursing Home Complaints Help?

12/01/2016 07:59:40 AM

No one wants to place a loved one in a nursing home or other long-term care facility, but we do so in the hope that the individual will be cared for compassionately and competently. Unfortunately, this is not always the case. It sometimes happens ...

Dempsey v. Bucknell University, 834 F.3d 457 (3rd Cir. 2016)

11/22/2016 14:01:09 PM

Reed Dempsey brought a civil rights action under 42 U.S.C. § 1983 against Bucknell University Public Safety (“BUPS”) officers, and Bucknell University officials (collectively, the “Bucknell Defendants”) claiming violations of his Fourth ...

N.A.A.C.P. v. City of Philadelphia, 834 F.3d 435 (3d Cir. 2016)

11/22/2016 13:59:17 PM

The City of Philadelphia has a written policy preventing private advertisers from displaying non-commercial content at the Philadelphia International Airport.  The City, which owns the Airport, says the policy helps it further its goals of ...

The United States Court of Appeals, Third Circuit, Watson v. Rozum, 834 F.3d 417 (3d Cir. 2016)

11/22/2016 13:56:40 PM

Affirmed the trial court’s grant of summary judgment on the retaliatory claims but reversed the grant of summary judgment on other claims.  A reasonable factfinder could conclude that a misconduct was issued against the prisoner in retaliation ...

Heart Surgery Infections

11/21/2016 11:54:45 AM

If you have undergone open heart surgery in recent years, you may be at risk of a life-threatening infection linked to a medical device used during the operation.  According to the Centers for Disease Control and Prevention (CDC), patients ...

Personal Injury Plaintiffs and Social Media Do Not Mix

11/14/2016 06:54:08 AM

If you are involved with a claim for personal injury in Pennsylvania, be aware that any information posted on social media can be used against you. Social media provides so much information about individuals that insurance companies and law ...

STANDING-FIRST AMENDMENT VIOLATION-RELIGION

11/08/2016 12:26:45 PM

Individual who objects to religious message in Ten Commandments in school has standing to bring a claim.  One who is too young to read the message, however, does not have standing.  Request for an injunction is not moot.  An organization ...

Man Injured in One Car Crash

11/08/2016 08:40:55 AM

A Montoursville man in his 50s was being treated at the Williamsport Regional Medical Center after he crashed his Toyota Camry into an embankment on Lycoming Mall Drive, near the Bella Vista development, in Fairfield Township about 4 p.m. Monday, ...

CLIFF RIEDERS PRESENTS ON MEDICAL MALPRACTICE LAW AT SEMINAR 11/3/16 IN PHILADELPHIA PRESENTED BY THE PENNSYLVANIA ASSOCIATION OF JUSTICE

11/07/2016 08:49:43 AM

The 2016 Philadelphia medical malpractice seminar is one of the highlights of the 2016 Pennsylvania Association of Justice seminar series.  The seminar featured the best known trial lawyers in Pennsylvania from both the patient and defense ...

Cliff Rieders Profiled in Fall 2016 ZOA Report

11/07/2016 08:15:48 AM

A lengthy and detailed profile of the life and work of Cliff Rieders was recently published by the Zionist Organization of America in its Fall 2016 edition. The article notes the work of Cliff Rieders as a trial lawyer, as well as a teacher ...

CLIFF RIEDERS ATTENDS BILL SIGNING IN HARRISBURG FRIDAY, NOVEMBER 4, 2016

11/04/2016 15:07:46 PM

Governor Tom Wolf, in a public ceremony, held on Friday, November 04, 2016, signed legislation introduced by Representative Matt Baker which will prohibit companies doing business with Pennsylvania from participating in the so-called BDS movement. ...

Distracted Walking

10/26/2016 07:47:28 AM

Walking can be dangerous to your health — especially when you or someone else is not paying attention. Walkers who are distracted, usually because they are making calls or texting on mobile phones, have suffered cuts and bruises, sustained ...

MEDICAL MALPRACTICE-DRUG USING EMPLOYEE-DANGER TO PATIENTS AND THIRD PARTIES

10/20/2016 12:25:46 PM

Plaintiffs, including a person who died of Hepatitis C, sued UPMC Presbyterian Shadyside and Maxim Healthcare Services in connection with a drug addict radiologist employee of Maxim who worked at UPMC.  UPMC fired the radiologist and banned ...

DAMAGES-ECONOMIC LOSS DOCTRINE

10/20/2016 12:21:45 PM

Donaldson v. Davidson Brothers, Inc., 144 A.3d 93 (Pa. Super. 2016).  This case arises out of a fatal three-way motor vehicle accident.  Donnelly rear-ended Donaldson.  Donaldson was thrust into the opposite lane of oncoming traffic, where ...

DEFAMATION-PUBLIC FIGURE-ACTUAL MALICE-LOCK HAVE EXPRESS

10/19/2016 10:31:57 AM

Coleman v. Ogden Newspapers, Inc., 142 A.3d 898 (Pa. Super. 2016).  Adam C. Coleman appeals from the order that dismissed his complaint after granting the motion fo summary judgment filed by Ogden Newspapers, Inc. d/b/a The Lock Haven Express ...

DRAGONETTI-DAMAGES-PROOF OF WRONGFUL USE OF CIVIL PROCEEDINGS

10/19/2016 10:26:50 AM

Miller v. St. Luke’s Uiv. Health Network, 142 A.3d 884 (Pa. Super. 2016).  “The question before us, therefore, is whether the trial court properly declined to instruct the jury that Dragonetti Act damages are presumed to flow from a de ...

EVIDENCE-PRIVILEGE-REPORTED PRIVILEGE-DEFAMATION

10/19/2016 10:24:14 AM

DiPaolo v. Times Publishing Co., 142 A.3d 837 (Pa. Super. 2016).  Opinion by Ford Elliott, P.J.E.  Inorder to overcome the reporter’s privilege, the movant must demonstrate (1) that the information sought is material, relevant, and necessary; ...

ATTORNEY’S FEES-PROCUREMENT CODE-PROMPT PAYMENT PROVISIONS

10/19/2016 10:18:45 AM

Scott Enterprises v. City of Allentown, 142 A.3d 779 (Pa. 2016).  Opinion by Justice Dougherty.  “In this discretionary appeal, we consider whether an award of a statutory penalty and attorney fees under the prompt payment provisions of ...

SOVEREIGN IMMUNITY-COMMONWEALTH IMMUNITY-EXCEPTIONS-VEHICLE LIABILITY

10/19/2016 10:17:26 AM

Here, the vehicle was stopped at the time that Commonwealth defendants purportedly possessed the keys.  The state people did not operate the vehicle as a matter of law, and the vehicle liability exception therefore did not apply.  The court ...

NEGLIGENCE-SMOKE ALARMS

10/19/2016 10:15:31 AM

Echeverria v. Holley, 142 A.3d 29 (Pa Super. 2016).  Case brought by families of decedents.  There was a fire in a two-unit rental.  Cause of the fire was never determined, but a claim was brought because of alleged lack of smoke alarms.  ...