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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.  ...