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Pregnant Women in Rural America Are Not Getting Needed Medical/Hospital Care

11/17/2017 12:55:52 PM

If you are pregnant and live in rural Pennsylvania, you face a dangerous situation for both yourself and your child. There is an increasing lack of maternity care in America’s rural counties, which can lead to complications in pregnancy and ...

INSURANCE-LIQUOR LIABILITY COVERAGE-LIMITS

11/17/2017 08:14:45 AM

Good v. Frankie & Eddie’s Hanover Inn, LLP, 2017 Pa. Super. LEXIS 727 (September 21, 2017) Musmanno, J.  Florence A. Good (“Good”), individually and as executrix of the Estate of Barry D. Good, deceased (“the Estate”), appeals from ...

PRODUCTS LIABILITY-NUCLEAR RADIATION

11/17/2017 08:13:03 AM

Estate of Jeffrey H. Ware v. Hospital of the University of PA, 2017 U.S. App. LEXIS 17992 (3rd Cir. September 18, 2017) Ambro, C.J.  Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate ...

INSURANCE-FINANCIAL RESPONSIBILITY LAW-NAMED INSURED-DRIVER LISTED ON AUTOMOBILE INSURANCE POLICY

11/17/2017 08:10:54 AM

Safe Auto Insurance Co. v. Guillermo, 2017 Pa. Super. LEXIS 711 (September 18, 2017) Dubow, J.  This appeal arises from the Declaratory Judgment Action that Appellee, Safe Auto Insurance Company (“Safe Auto”), filed in Lehigh County. The ...

ERISA-ADMINISTRATOR’S INTERPRETATION-DEFERENCE

11/17/2017 08:09:32 AM

Dowling v. Pension Plan, 2017 U.S. App. LEXIS 17863 (3rd Cir. September 15, 2017) Vanaskie, C.J.  Retirement plans can be complex documents that span hundreds of pages with numerous peculiarities. But when do a plan’s terms move from merely ...

MALICIOUS PROSECUTION-CRIMINAL CHARGES

11/16/2017 13:43:55 PM

Zimmerman v. Corbett, 2017 U.S. App. LEXIS 20115 (3rd Cir. October 16, 2017) McKee, C.J. Appellants are current and former high ranking officials of the Commonwealth of Pennsylvania, including a former Attorney General who subsequently became ...

STANDING-CONSUMER PROTECTION STATUTES

11/16/2017 13:41:54 PM

Cottrell, et al. v. Alcon Laboratories, et al., No. 16-2015 (3rd Cir. October 18, 2017) Restrepo, J.  In this putative class action, consumers of prescription eye medication allege that manufacturers and distributors of the medication packaged ...

DEFAMATION-FALSITY-CLAIM OF SEXUAL ABUSE

11/14/2017 08:00:11 AM

Rubin v. CBS Broad, Inc., 2017 Pa. Super. LEXIS 691 (September 8, 2017) Moulton, J. Howard Rubin appeals the October 20, 2015 order entered in the Philadelphia County Court of Common Pleas granting the motion of CBS Broadcasting Inc. d/b/a CBS ...

RELEASE-FAMILY MEDICAL LEAVE ACT OF 1993

11/14/2017 07:59:14 AM

Zuber v. Boscov’s, 2017 U.S. App. LEXIS 17484 (3rd Cir. September 11, 2017) Greenaway, Jr., C.J.  In this appeal, we must determine whether a former employee waived his right to assert claims under the Family and Medical Leave Act of 1993, ...

CONSTITUTIONAL LAW-14TH AMENDMENT-DUE PROCESS-SUBSTANTIVE DUE PROCESS-TAXICAB REGULATION

11/14/2017 07:58:09 AM

Germantown Cab Co. v. Phila. Parking Auth. Appeal Servs., 2017 Pa. Commw. LEXIS 699 (September 13, 2017) Brobson, J. In these consolidated appeals, Appellants Bucks County Services, Inc. (BCS) and Germantown Cab Company (GCC) (collectively, ...

Is the VA Concealing Medical Malpractice?

11/13/2017 15:21:42 PM

Veterans who receive medical care through the Veteran’s Administration (VA) system have the right to believe the care they will receive from the VA doctors and hospitals will be competent and comparable to the care they would receive at private ...

AMERICANS WITH DISABILITIES ACT-TACTILE INTERPRETER

11/08/2017 08:30:46 AM

McGann v. Cinemark USA, Inc., 2017 U.S. App. LEXIS 19553 (3rd Cir. October 6, 2017) Restrepo, C.J.  The Americans with Disabilities Act (“ADA”), 42 U.S.C. § 12101, et seq., requires public accommodations, including movie theaters, to furnish ...

INSURANCE-AUTISM COVERAGE

11/08/2017 08:29:50 AM

Burke v. Independence Blue Cross, 2017 Pa. LEXIS 2338 (S. Ct. October 5, 2017) Saylor, C.J. The questions presented concern whether a law requiring private insurance companies to provide coverage for treatment of autism spectrum disorders i ...

MEDICAL MALPRACTICE-STATUTE OF LIMITATIONS-TOLLING-DISCOVERY RULE

11/07/2017 14:32:16 PM

Fidler v. Geisinger Med. Ctr., 2017 U.S. Dist. LEXIS 165534 (M.D. Pa. October 5, 2017) Brann, J.  Treatment in 2011 by Geisinger Medical Center and doctors for chronic, non-healing wound on sole of plaintiff-patient’s right foot.  Case filed ...

SOVEREIGN IMMUNITY-SOVEREIGN IMMUNITY ACT-DAMAGES-WRONGFUL DEATH-DECEDENT’S FUTURE SERVICES AND FINANCIAL SUPPORT

11/07/2017 14:28:29 PM

Ewing, et al. v. Potkul, et al., No. 1471 CD 2016 (Pa. Cmwlth. September 27, 2017) Leavitt, P.J.  The Pennsylvania Department of Transportation (PennDOT) appeals an order of the Court of Common Pleas of Fayette County (trial court) that sustained ...

NEGLIGENCE-BLOOD ALCOHOL

11/06/2017 15:14:14 PM

Coughlin v. Massaquoi, 2017 Pa. LEXIS 2272 (S. Ct. September 28, 2017) Todd, J.  In this appeal by allowance, we consider the admissibility of a pedestrian’s postmortem blood alcohol content (“BAC”) in a personal injury action against ...

INSURANCE-BAD FAITH-CRITERIA

11/06/2017 15:13:10 PM

Rancosky v. Wash. Nat’l Ins. Co., 2017 Pa. LEXIS 2286 (S. Ct. September 28, 2017) Baer, J.  In this discretionary appeal, we consider, for the first time, the elements of a bad faith insurance claim brought pursuant to Pennsylvania’s bad ...

IMMUNITY-QUALIFIED IMMUNITY-CONCUSSION INJURY IN SCHOOL SPORTING EVENT

11/06/2017 15:11:59 PM

Mann v. Palmerton Area School District, No. 16-2821 (3rd Cir. September 21, 2017) Vanaskie, C.J.  In November of 2011 Sheldon Mann, a football player for the Palmerton Area School District, experienced a hard hit during a practice session. ...

ATTORNEY’S FEES-UTPCPL

11/06/2017 15:10:42 PM

Krishnan v. Cutler Group, 2017 Pa. Super. LEXIS 766 (October 2, 2017) Bender, P.J.E.  This case involves a building contract and award of attorney’s fees under the Unfair Trade Practices and Consumer Protection Law.  The trial court found ...

NEGLIGENCE-AIRPORT SCREENINGS

11/02/2017 09:49:23 AM

Vanderklok v. United States of America, et al., No. 16-3422 (3rd Cir. August 22, 2017) Jordan, C.J.  Roger Vanderklok wanted to fly from Philadelphia to Miami, where he intended to run a half-marathon. In his carry-on luggage, he had a heart ...

NEGLIGENCE-RADIATION

11/02/2017 09:48:00 AM

McMunn v. Babcock & Wilcox Power Generation Group, 2017 U.S. App. LEXIS 16103 (3rd Cir. August 23, 2017) Smith, C.J., joined by Restrepo, C.J., who also joins in the concurrence.  Plaintiffs assert that they developed cancer?after being exposed ...

NURSING HOMES-DAMAGES-PUNITIVE

11/02/2017 09:41:49 AM

Scampone v. Grane Healthcare Co., 2017 Pa. Super. LEXIS 603 (August 8, 2017) Bowes, J.  In this appeal, Richard Scampone, in his capacity as executor of the estate of Madeline Scampone (“Mr. Scampone” or the “Plaintiff”), challenges ...

PARTNERSHIPS-COVENANT OF GOOD FAITH AND FAIR DEALING

11/02/2017 08:57:13 AM

Hanaway v. The Parkesburg Group, LP, No. 55 MAP 2016 (S.Ct. August 22, 2017) Wecht, J.  We reverse the Superior Court and hold that the implied covenant of good faith and fair dealing is inapplicable to the Pennsylvania limited partnership ...

PROCEDURE-VENUE-MEDICAL MALPRACTICE-PERFORMANCE OF STUDIES

10/31/2017 14:30:55 PM

Wentzel v. Cammarano, 2017 Pa. Super. 233 (July 19, 2017) Stevens, P.J.E.  This medical malpractice action arises from, inter alia, the allegedly negligent failure of Philadelphia’s St. Christopher’s Hospital (“SCHC”) and its resident ...

INSURANCE-AFFORDABLE HEALTHCARE ACT-CONTRACEPTIVE MANDATE-EXCEPTIONS

10/31/2017 14:21:07 PM

Real Alternatives, Inc. v. Secretary Department of Health and Human Services, No. 16-1275 (3rd Cir. August 4, 2017) Rendell, C.J.  One of the many provisions of the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, 124 Stat. ...

CIVIL RIGHTS-BIVENS ACTION-PRISONER LAW

10/31/2017 14:18:02 PM

Ziglar v. Abbasi, 582 U.S. ___ (2017).  JUSTICE KENNEDY delivered the opinion of the Court, except as to Part IV–B. After the September 11 terrorist attacks in this country, and in response to the deaths, destruction, and dangers they caused, ...

NEGLIGENCE-PROXIMATE CAUSE-CRIMINAL ACTS-SUPERSEDING CAUSE

10/31/2017 14:14:47 PM

Kote v. Bank of N.Y. Mellon, 2017 Pa. Super. LEXIS 648 (August 25, 2017) Shogan, J.  On January 28, 2014, between 7:00pm and 8:00pm, [Kote] made a Chinese food delivery to a foreclosed and vacant property located at 6298 Kindred Street in the ...

ATTORNEY MISCONDUCT-CYNTHIA L. POLLICK

10/31/2017 13:41:19 PM

Young v. Smith, 2017 U.S. Dist. LEXIS 144266 (September 6, 2017) Brann, J.  This case was decided by Judge Brann.  The Judge slammed and fined Attorney Cynthia Pollick for misconduct in this and other cases.  He really went through her whole ...

EVIDENCE-RELEVANCY-MEDICAL MALPRACTICE-MEDICAL RECORDS OF OTHER PATIENTS TO SHOW HOW BUSY DOCTOR WAS

10/31/2017 13:39:58 PM

Peronis v. United States of America, et al., No. 2:16-cv-01389-NBF (W.D. Pa. August 25, 2017) Fischer, J.  Presently before the Court is Plaintiff’s Motion to Compel, in which the court is asked to order Defendants to produce the redacted ...

CIVIL RIGHTS-DRUG TESTING

10/31/2017 13:38:36 PM

Borrell v. Bloomsburg Univ., 2017 U.S. App. LEXIS 16616 (August 30, 2017) Hardiman, C.J.  This appeal—which raises questions involving the state action doctrine and the Due Process Clause of the Fourteenth Amendment—has important ramifications ...

CIVIL RIGHTS-JOB DISCRIMINATION-RACE-TITLE VII-1983

10/31/2017 13:37:33 PM

Williams v. Pa. Human Rels. Comm’n, 2017 U.S. App. LEXIS 16618 (August 30, 2017) Fuentes, C.J.  Cheryl Williams, an African-American woman, claims that she was subjected to constant harassment at the Pennsylvania Human Relations Commission ...

Dental Malpractice and its Consequences

10/23/2017 01:00:00 AM

Should Pennsylvania public health dental hygienists be allowed to practice without supervision in areas where dentists are hard to find? People who currently do not have access to dental care might benefit, but many dentists are not in favor. ...

Pennsylvania Gets Poor Grades on Home and Community Safety

10/17/2017 14:26:07 PM

Bad things happen to good people. When injuries, death and harm are preventable, the situation is even more tragic. According to a report by the National Safety Council entitled The State of Safety – A State-by-State Report, covering a period ...

MEDICAL MALPRACTICE-EXPERTS-CONSORTIUM CLAIM

10/17/2017 10:15:50 AM

James v. Albert Einstein Med. Ctr., 2017 Pa. Super. 293 (September 12, 2017) Platt, J. Appellant, Florence James, individually and as the executrix of the estate of her deceased brother, Lafayette James, appeals from the jury verdict of no ...

MEDICAL MALPRACTICE-NURSING HOMES

10/06/2017 13:01:52 PM

Breslin v. Mountain View Nursing Home, 2017 Pa. Super. LEXIS 752 (Sept. 28, 2017) Musmanno, J.  Roberta Breslin (“Breslin”), executrix of the Estate of Vincent Breslin (“Vincent”), deceased, appeals from the Order sustaining the Preliminary ...

PRODUCTS LIABILITY-NUCLEAR RADIATION

10/06/2017 13:00:14 PM

Estate of Ware v. Hospital of the University of Pennsylvania, No. 16-3801 (3rd Cir. Sept. 18, 2017) Ambro, C.J. Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions ...

PRODUCTS LIABILITY-ASBESTOS

10/06/2017 12:57:45 PM

In re Asbestos Products Liability Litigation (No. VI), Nos. 16-2602 & 16-2699 (3rd Cir. October 3, 2017) Vanaskie, C.J.   These asbestos cases involve the availability of the “bare-metal defense” under maritime law. The defense’s basic ...

CRIMINAL IMPERSONATION

10/06/2017 08:57:44 AM

Golb v. The Attorney General of the State of New York No. 16-0452-pr, 16-0647-pr (2nd Cir. August 31, 2017) Jacobs, C.J.  In this case, Golb impersonated Schiffman and “admitted” plaguerism and misrepresentation.  The emails were clearly ...

More Hurdles to Bringing Legitimate Medical Negligence Claims

10/02/2017 09:06:11 AM

Your right to collect legitimate compensation for serious harm as a result of medical negligence may face another hurdle as a result of a recent bill passed by the United States House of Representatives. If enacted, the law would place a limitation ...

CIVIL RIGHTS-1983-LIBERTY INTEREST-STIGMA CASE-ACQUITTAL OF CRIMINAL CHARGES

08/28/2017 13:39:47 PM

Otto v. Williams, 2017 U.S. App. LEXIS 13594 (July 27, 2017) Greenberg, C.J.  This appeal presents a central question: whether damages are available for stigma in a 42 U.S.C. § 1983 “stigma plus interest” claim when the plaintiffs, police ...

MEDICAL MALPRACTICE-NURSING HOME

08/24/2017 10:53:28 AM

Crew v. Penn Presbyterian Med. Ctr., 2017 Phila. Ct. Com. Pl. LEXIS 188 (June 30, 2017) Lachman, J. On March 16, 2012, the Plaintiffs Decedent Essie Crew was admitted to Park Pleasant Health Care Facility for nursing care, rehabilitation, physical, ...

CIVIL RIGHTS-JOB DISCRIMINATION-RACE

08/24/2017 10:52:32 AM

Castleberry v. Sti Group, 2017 U.S. App. LEXIS 12611 (3rd Cir. July 14, 2017) Ambro, C.J.  Castleberry and Brown brought suit asserting that their termination was racially motivated, citing to various examples of discrimination such as remarks ...

MEDICAL MALPRACTICE-CHRISTIAN SCIENCE

08/24/2017 10:51:15 AM

Seels v. Tenet Health Sys. Hahnemann, LLC, 2017 Pa. Super. LEXIS 532 (July 18, 2017) Shogan, J. Appellant, Raymond Seels, administrator of the estate of Terri Seels-Davila (“Seels-Davila”), deceased, and Raymond Seels,1 in his own right, ...

NEGLIGENCE-SECURITY SERVICES

08/24/2017 10:49:50 AM

Wilson v. U.S. Security Associates, 2017 Pa. Super. LEXIS 537 (July 18, 2017) Platt, J.  These consolidated appeals arise out of jury verdicts finding civil liability, including punitive damages, against Appellant, U.S. Security Associates, ...

UNFAIR TRADE PRACTICES AND CONSUMER PROTECTION LAW-NURSING PROGRAM

08/24/2017 10:43:54 AM

McCabe v. Marywood Univ., 2017 Pa. Super. LEXIS 534 (July 18, 2017) Shogan, J.  Danielle McCabe (“McCabe”) appeals from the order sustaining preliminary objections filed by Marywood University (“Marywood”) and dismissing her claims ...

MEDICAL MALPRACTICE-NEW TRIAL

08/17/2017 10:02:12 AM

Crespo v. Hughes, 2017 Pa. Super. LEXIS 535 (July 18, 2017) Ransom, J. Appellants, William B. Hughes, M.D., Hughes & Hensell Associates, P.C., and Temple University Hospital, Inc., appeal from the judgment entered June 21, 2016, in favor of ...

Safety Tips for Going Back to School

08/11/2017 14:49:11 PM

It is back-to-school season, a potentially dangerous time when children are on the road and motorists need to take extra safety precautions to avoid accidents. According to a study by SafeKids.org, 61 children are hit by cars every day in the ...

EMPLOYMENT LAW-MERIT SYSTEMS PROTECTION BOARD-SERIOUS ADVERSE EMPLOYMENT ACTION

08/10/2017 07:58:17 AM

Perry v. Merit System Protection Board, 2017 U.S. LEXIS 4044 (June 23, 2017) Ginsburg, J.  This case concerns the proper forum for judicial review when a federal employee complains of a serious adverse employment action taken against him, one ...

CONSTITUTIONAL LAW-FIFTH AMENDMENT-TAKINGS CLAUSE-REGULATORY STRUCTURE

08/10/2017 07:46:17 AM

Murr v. Wisconsin, 2017 U.S. LEXIS 4046 (June 23, 2017) Kennedy, J. The classic example of a property taking by the government is when the property has been occupied or otherwise seized. In the case now before the Court, petitioners contend ...

CONSTITUTIONAL LAW-4TH AMENDMENT-SEARCH AND SEIZURE-DETAINEES

08/10/2017 07:44:52 AM

Ziglar v. Abbasi, 2017 U.S. LEXIS 3874, 582 U.S. ___ (June 19, 2017) Kennedy, J.  Respondents were among some 84 aliens who were subject to the hold-until-cleared policy and detained at the Metropolitan Detention Center (MDC) in Brooklyn, New ...

How to Make Arbitration Work in Disputes with Your Bank

08/08/2017 11:49:52 AM

If you are disputing unexpected fees and charges with your bank, credit card company, or other lender, you may be surprised to find you are forced to take your dispute to arbitration. Arbitration is an out-of-court procedure that most often ...

EVIDENCE-PRIVILEGE-ATTORNEY-CLIENT-HEALTHCARE DISPUTE

08/07/2017 08:38:40 AM

Bousamra v. Excela Health, 2017 Pa. Super. LEXIS 543 (July 19, 2017) Bowes, J.  Excela Health, a corporation (“Excela”), Westmoreland Regional Hospital, doing business as Excela Westmoreland Hospital, a corporation (“Westmoreland Hos ...

PROCEDURE-VENUE-MEDICAL MALPRACTICE

08/07/2017 08:37:23 AM

Wentzel v. Cammarano, 2017 Pa. Super. LEXIS 540 (July 19, 2017) Stevens, P.J.E.  Maximor Wentzel (“Maximor”), a minor, by his parent and natural guardian, Charisma Wentzel, and Charisma Wentzel in her own right (“Appellants”), appeal ...

INSURANCE-FIDUCIARY DUTY

08/03/2017 08:46:53 AM

Yenchi v. Ameriprise Financial, Inc., 2017 Pa. LEXIS 1405 (S. Ct. June 20, 2017) Donohue, J.  In this discretionary appeal, we must decide whether a fiduciary duty can arise in a consumer transaction for the purchase of a whole life insurance ...

SOVEREIGN IMMUNITY-POLITICAL SUBDIVISION TORT CLAIMS ACT-EXCEPTIONS-UTILITY EXCEPTION

08/03/2017 08:46:01 AM

Metropolitan Edison Co. v. City of Reading, 2017 Pa. LEXIS 1387 (S. Ct. June 20, 2017) Donohue, J. In this appeal, we are required to construe the language of the utility service facilities exception (“Utility Exception”) to governmental ...

CONSTITUTIONAL LAW-FIRST AMENDMENT-RELIGION-FREE EXERCISE CLAUSE-DENIAL OF BENEFITS TO A CHURCH BECAUSE IT IS A CHURCH

08/03/2017 08:44:37 AM

Trinity Lutheran Church of Columbia v. Comer, 2017 U.S. LEXIS 4061 (S. Ct. June 26, 2017).  The Trinity Lutheran Church Child Learning Center is a Missouri preschool and daycare center. Originally established as a nonprofit organization, the ...

JURORS-JURY SELECTION-RELATIONSHIP

08/03/2017 08:42:39 AM

Shinal v. Toms, 2017 Pa. LEXIS 1385 (S. Ct. June 20, 2017) Wecht, J. In this medical malpractice action premised upon lack of informed consent, we address whether the trial court erred in refusing to strike prospective jurors for cause based ...

STATUTE OF LIMITATIONS-MEDICAL MONITORING CLAIM-TOLLING

08/03/2017 08:39:41 AM

Blanyar v. Genova Products, 2017 U.S. App. LEXIS 11685 (3rd Cir. June 30, 2017) Vanaskie, C.J.  Under Pennsylvania law, the statute of limitations for a medical monitoring claim is two (2) years.  The discovery rule tolls the statute of l ...

RIGHT-TO-KNOW LAW-MOTOR VEHICLE RECORDINGS-VIDEO-AUDIO-STATE POLICE

07/31/2017 10:56:51 AM

Pennsylvania State Police v. Grove, No. 25 MAP 2016 (Pa. S. Ct. June 20, 2017) Dougherty, J.  We granted discretionary review to consider whether video components of motor vehicle recordings (MVRs) created by appellant Pennsylvania State Police ...

CONSTITUTIONAL LAW-PENNSYLVANIA CONSTITUTION – ENVIRONMENTAL AMENDMENT

07/31/2017 10:54:42 AM

Pennsylvania Environmental Defense Foundation v. Commonwealth, 2017 Pa. LEXIS 1393 (S. Ct. June 20, 2017) Donohue, J.  In this case, we examine the contours of the Environmental Rights Amendment in light of a declaratory judgment action brought ...

FAIR DEBT COLLECTION PAYMENT ACT-COLLECTION EFFORTS-BAR CODE-REVEALING PRIVATE INFORMATION

07/31/2017 10:49:33 AM

Daubert v. NRA Group, 2017 U.S. App. LEXIS 11802 (3rd Cir. July 3, 2017) Fisher, C.J.  The court said that judgment should be entered for the debtor under FTCPA and TCPA in which the debtor faced a $25.00 collection from Radiology Associates.  ...

Personal Injury Lawsuits Drop

07/31/2017 09:02:08 AM

Dow Jones News Corp. Company recognizes a precipitous drop in personal injury lawsuits.  Fewer than 2 in 1,000 people filed tort lawsuits in 2015.  That is sharply down from 1993 when about 10 in 1,000 Americans filed such lawsuits. Tort lawsuits ...

CONSTITUTIONAL LAW-FOURTH AMENDMENT-SEARCH AND SEIZURE

07/26/2017 10:46:34 AM

Knick v. Township of Scott, 2017 U.S. App. LEXIS 12052 (3rd Cir. July 6, 2017) Smith, J. On December 20, 2012, the Township of Scott in Lackawanna County, Pennsylvania enacted an ordinance regulating cemeteries. The ordinance authorizes officials ...

WORKERS’ COMPENSATION-SUBROGATION-WAIVER

07/26/2017 10:45:03 AM

Kalmanowicz v. Workers’ Compensation Appeal Board, 2017 Pa. Commw. LEXIS 433 (July 7, 2017) Brobson, J.  In the instant case, we discern no evidence that could support a conclusion that Employer acted in bad faith or failed to exercise due ...

Too Many Mothers Die in Childbirth

07/25/2017 03:06:28 AM

Mothers in the United States die in childbirth at higher rates than in other developed countries. Cliff Rieders, a partner in the Law Firm of Rieders, Travis, Humphrey, Waters & Dohrmann, has brought this directly to the attention of the Pe ...

TELEPHONE CONSUMER PROTECTION ACT-UNSOLICITED CALLS

07/24/2017 10:13:38 AM

Susinno v. Work out World, 2017 U.S. App. LEXIS 12253 (3rd Cir. July 10, 2017) Hardiman, C.J. Noreen Susinno appeals the District Court’s order dismissing her Telephone Consumer Protection Act (TCPA) claim against Work Out World Inc. for lack ...

STATUTE OF LIMITATIONS-MINORS TOLLING STATUTE-SEXUAL ABUSE

07/24/2017 10:12:23 AM

S.J. v. Gardner, 2017 Pa. Super. LEXIS 511 (July 11, 2017) Stevens, P.J.E.  S.J., a minor, by and through her guardians, B.J. and C.J. (collectively “Appellants”) appeals the order entered by the Honorable Angela R. Krom of the Court of ...

Noneconomic Damages: What is Below the Tip of the Iceberg?

07/20/2017 11:52:14 AM

If you have suffered from medical or hospital malpractice caused by negligent care, you may be entitled to collect compensation for both economic and noneconomic loss. Economic damages, sometimes called “compensatory damages,” are provided ...

MEDICARE SET-ASIDE ARRANGEMENT

07/17/2017 14:41:22 PM

A new publication concerning Medicare Set-aside Arrangements went into effect on July 1, 2017.  This is a recap of what Publication 100-20 sets forth with respect to set-aside arrangements. Pub 100-20 One-Time Notification, identifies changes ...

CONSTITUTIONAL LAW-FIRST AMENDMENT-PENUMBRAL RIGHTS-RIGHT OF ACCESS TO INFORMATION ABOUT HOW PUBLIC SERVANTS OPERATE IN PUBLIC

07/17/2017 14:39:31 PM

Fields v. City of Philadelphia, 2017 U.S. App. LEXIS 12159 (July 7, 2017) Ambro, C.J.  This case involves retaliation. Richard Fields and Amanda Geraci attempted to record Philadelphia police officers carrying out official duties in public ...

What Do Hospital Rankings Show?

07/13/2017 12:33:24 PM

When you go into a Pennsylvania hospital, you expect that you will be safe and treated according to a reasonable standard of medical care. Unfortunately, this is not always the case. Too many hospitals have poor safety records that wouldn’t ...

PROCEDURE-INJUNCTIONS-PRELIMINARY INJUNCTION

06/22/2017 12:36:21 PM

Reilly, et al. v. City of Harrisburg, No. 16-3722 (3rd Cir. May 25, 2017) Ambro, C.J.  This “clarifies” when preliminary injunction should be granted.  The context of this case was protests in front of an abortion clinic.  We follow our ...

NEGLIENCE-LANDOWNERS LIABILITY-CITY OBLIGATION TO CLEAR ICE AND SNOW

06/22/2017 12:33:22 PM

Stuski v. Philadelphia Authority for Industrial Development, CBRE, et al., 2017 Pa. Commw. LEXIS 277 (May 25, 2017) Covey, J. Michael Stuski (Stuski) appeals from the Philadelphia County Common Pleas Court’s (trial court) April 11, 2016 order ...

PHARMACEUTICALS-ZOLOFT

06/14/2017 10:15:10 AM

In re Zoloft Products Liability Litigation, No. 16-2247 (3rd Cir. Op. Filed June 2, 2017) Roth, C.J.  This case involves allegations that the anti-depressant drug Zoloft, manufactured by Pfizer, causes cardiac birth defects when taken during ...

CONSTITUTIONAL LAW-FIRST AMENDMENT-RETALIATION

06/07/2017 08:21:30 AM

Oliver v. Roquet, 2017 U.S. App. LEXIS 9017 (May 24, 2017) Krause, C.J.  A state-employed medical professional charged with assessing the clinical progress of a civilly committed sexually violent predator considered this detainee’s First ...

INSURANCE-FINANCIAL RESPONSIBILITY LAW-UM/UIM COVERAGE-STACKING-AFTER-ACQUIRED VEHICLE PROVISION

06/07/2017 08:18:27 AM

The insured possessed two insurance policies.  One is a multi-vehicle policy and the other is a single-vehicle policy, under which they executed stacking waivers for uninsured and underinsured motorist coverage.  The issue is whether Standard ...

FOREIGN SOVEREIGN IMMUNITIES ACT

05/31/2017 08:06:28 AM

Bolivarian Republic of Venez v. Helmerich & Payne Int’l Drilling Co., 2017 U.S. LEXIS 2802 (May 1, 2017) Breyer, J.  The Foreign Sovereign Immunities Act of 1976 (FSIA or Act), provides, with specified exceptions, that a “foreign state ...

INSURANCE-HOMEOWNERS-EXCLUSION-SEWAGE BACKUP

05/31/2017 08:05:11 AM

Windows v. Erie Ins. Exch., 2017 Pa. Super. LEXIS 309 (May 1, 2017) Moulton, J.  Erie Insurance Exchange (“Erie”) appeals from the February 24, 2016 judgment entered in the Allegheny County Court of Common Pleas in favor of Howard Windows, ...

PRODUCTS LIABILITY-STRYKER GAMMA3 NAIL SYSTEM

05/31/2017 08:03:49 AM

Smith v. Howmedica Osteonics Corp, et al., 17-1174 (E.D. Pa. April 27, 2017) Beetlestone, J. This Court predicts that the Pennsylvania Supreme Court would not bar strict liability claims asserting a manufacturing defect against medical device ...

CONSTITUTIONAL LAW-DUE PROCESS-SUBSTANTIVE DUE PROCESS-SEGREGATION IN PRISON

05/31/2017 08:00:46 AM

Yusef Steele v. Warden Cicchi, et al., 14-3127 (3rd Cir. May 3, 2017) Restrepo, C.J.  Plaintiff/Appellant Yusef Steele was a pretrial detainee housed at the Middlesex County Adult Correction Center (“MCACC”) in New Jersey in late 2008 and ...

Improving Work Zone Safety in Pennsylvania

05/30/2017 07:39:39 AM

Road construction work zones are a hassle to navigate, and they present a major hazard to both motorists and workers. According to the Pennsylvania Department of Transportation (DOT), 47% of the work zone crashes in Pennsylvania in 2014 resulted ...

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 ...