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13 Dec 2021, 1:21 pm
While the cases of Ammlung and Archibald have provided mixed signals from the appellate courts on this issue, in its most recent pronouncement, the Pennsylvania Superior Court, in the personal injury case of Valentino v. [read post]
9 Dec 2021, 4:59 am
.), the court affirmed the trial court’s entry of summary judgment after finding that the gist of the action doctrine barred the Plaintiff’s tort claims.The court reiterated that, under the gist of the action doctrine, tort allegations against a party to the contract are barred when the tort claim is based on a breach of the contract. [read post]
8 Dec 2021, 11:00 pm
.), the Pennsylvania Superior Court ruled in a post-Koken case that a Defendant was not entitled to a new trial based upon the trial court’s failure to re-read to the jury the standard instructions for both pre-existing conditions and factual cause. [read post]
4 Dec 2021, 12:57 pm
Although this decision is from the Pennsylvania Superior Court (intermediate appellate-level court), it's interesting enough (at least to me and hopefully to you casualty coverage peeps) to copy and paste from my LinkedIn post of earlier today: This decision befuddles me. [read post]
1 Dec 2021, 5:00 am
Pennsylvania, No. 1:08-CV-0388 (M.D. [read post]
27 Nov 2021, 11:16 am
He entered a guilty plea, but then the Superior Court of Pennsylvania issued a ruling stating that absent proof beyond a reasonable doubt that a defendant committed a prior offense, prior acceptance of ARD could not be counted as a prior offense for purposes of DUI sentencing. [read post]
23 Nov 2021, 5:00 am
Oct. 19, 2021 Bowes, J.), the court addressed the rules surrounding Certificate of Merit, the failure to produce one, and the possible sanctions as a result.The Pennsylvania Superior Court described its opinion in this case as a “cautionary tale for attorneys or venture outside their area of expertise into unfamiliar specialized area of litigation without educating themselves on the applicable rules and law. [read post]
18 Nov 2021, 5:00 am
.), the Pennsylvania Superior Court provided its latest pronouncement on the Dead Man’s Rule, 42 Pa. [read post]
17 Nov 2021, 9:01 pm
Kirk Douglas’s character, representing the doomed men in the court-martial, begins his summation aptly: “Gentlemen of the court, there are times when I’m ashamed to be a member of the human race, and this is one such occasion. [read post]
15 Nov 2021, 7:22 am
Similar to its federal counterpart, Pennsylvania Rule of Evidence 406 provides that Evidence of a person’s habit or an organization’s routine practice may be admitted to prove that on a particular occasion the person or organization acted in accordance with... [read post]
12 Nov 2021, 5:00 am
” Pennsylvania Law Weekly (Sept. 28, 2021). [read post]
29 Oct 2021, 1:00 am
.), the court issued a Rule 1925 Opinion recommending that the Pennsylvania Superior Court affirmed its Order sustaining Preliminary Objections to venue in a motor vehicle accident case. [read post]
26 Oct 2021, 11:20 am
After the Third Circuit reversed a district court’s grant of summary judgment against the Title VII retaliation claim of a white employee who alleged he was fired after complaining that a colleague had called his biracial grand-niece a “monkey,” the federal district court in Pennsylvania found his claim should go to a jury. [read post]
26 Oct 2021, 11:20 am
After the Third Circuit reversed a district court’s grant of summary judgment against the Title VII retaliation claim of a white employee who alleged he was fired after complaining that a colleague had called his biracial grand-niece a “monkey,” the federal district court in Pennsylvania found his claim should go to a jury. [read post]
25 Oct 2021, 7:17 am
From Law.com: The Pennsylvania Superior Court helped clarify what warrants a deviation from the child support guidelines in the recent matter of Thompson v. [read post]
25 Oct 2021, 7:07 am
In holding that a but-for test applies, the Court noted the different language utilized by the Pennsylvania legislature in the Pennsylvania Human Relations Act (“PHRA”) compared to the MMA. [read post]
25 Oct 2021, 5:30 am
GEICO Household Exclusion decsion as well as on an application of 75 Pa.C.S.A. 1734, please click this LINK to get to that Tort Talk post (which also has a Link to that trial court opinion.Anyone wishing to review a copy of the Pennsylvania Superior Court's decision in Rush may click this LINK.I send thanks to Attorney Scott Cooper of the Harrisburg, PA law firm of Schmidt Kramer for bringing this decision to my attention.Source of image: … [read post]
18 Oct 2021, 7:03 pm
Programming note: On Tuesday morning, I will be presenting oral argument in two related appeals to a three-judge panel of the Superior Court of Pennsylvania at a special sitting at the Tioga County Court House in Wellsboro, Pennsylvania (depicted here in my tweet from earlier today). [read post]
15 Oct 2021, 4:00 am
Ninth Circuit Court of Appeals ruled many of the state’s maximum donation limits were unconstitutional. [read post]
14 Oct 2021, 11:00 am
” Pennsylvania Law Weekly (Oct. 5, 2021).Source of image: Photo by Karolina Grabowska on Unsplash.com. [read post]
