Universal Underwriters Ins. Co. v. Swenson, 2024 U.S. Dist. LEXIS 70627 (M.D. Pa. (April 18, 2024) (Munley, J.). In this case, the form asked for $35,000, not $300,000. Further, the form indicated that the insured wrote “$300,000” regarding “Designated Individuals”. Also, stacking was waived. The court found that the limits were $35,000, that the $300,000 […]
Author Archives: Rieders Travis
CIVIL RIGHTS-TITLE VII-TRANSFERENCE OF JOB-SEX DISCRIMINATION
Muldrow v. City of St. Louis, 2024 U.S. LEXIS 1816 (S. Ct. April 17, 2024) (Kagan, J.). Sergeant Jatonya Clayborn Muldrow maintains that her employer, the St. Louis Police Department, transferred her from one job to another because she is a woman. She sued the City of St. Louis under Title VII, alleging that she […]
ARBITRATION-EMPLOYMENT-AMBIGUITY
Schwartz v. Kelly Servs., Inc., 2024 Pa. Super. LEXIS 114, 2024 WL 1317062 (March 28, 2024) (Stabile, J.). This interlocutory appeal concerns the scope of an Arbitration Agreement between Appellant, Kelly Services, Inc. (Kelly), and Nancy M. Schwartz (Schwartz). It is undisputed that Schwartz retained Kelly to help her find a new teaching position, and […]
MEDICAL MALPRACTICE-SUMMARY JUDGMENT-EXPERT REPORTS
Nigon v. Jewell, 2024 Pa. Super. LEXIS 128 (April 9, 2024) (Murray, J.). Leslie Nigon, individually and as administratrix of the Estate of Thomas A. Nigon, deceased (the estate), appeals from the entry of summary judgment in favor of Thomas J. Malvar, M.D., individually and as a general partner of Malvar & Associates; Maritoni Malvar, […]
CONSTITUTIONAL LAW-CASE IN CONTROVERSY-MOOTNESS
Zuch v. Commissioner of Internal Revenue, No. 22-2244 (3d Cir. 2024) (Jordan, C.J.). When Congress grants taxpayers the right to challenge what the Internal Revenue Service says is owed to the government, Congress’s will prevails. The IRS cannot say that such a right exists only under the circumstances it prescribes. That ought to go without […]
PROCEDURE-NEW TRIAL-LOW DAMAGE VERDICT
Shook v. Lehigh Valley Rest. Grp., Inc., 2024 Pa. Super. LEXIS 119, 2024 WL 1451371 (April 4, 2024). BEFORE: DUBOW, J., KING, J., and LANE, J. Opinion by: DUBOW. Appellant, Lehigh Valley Restaurant Group, Inc. d/b/a Red Robin Gourmet Burgers and Brews (“Red Robin”), appeals from the June 21, 2023, order granting the post-trial motion […]
PENNSYLVANIA MINIMUM WAGE ACT OF 1968-EXEMPTIONS-OVERTIME
Bayada Nurses, Inc. v. Dep’t of Labor & Indus., 607 Pa. 527 (November 17, 2010). Judges: MADAME JUSTICE TODD. CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ. Former Justice Greenspan did not participate in the decision of this case. Mr. Chief Justice Castille and Messrs. Justice Saylor, Eakin, Baer and McCaffery join the opinion. […]
ELECTIONS-MAIL IN BALLOT
Pa. State Conf. of NAACP Branches v. Sec’y Pa., 2024 U.S. App. LEXIS 7300 (3rd Cir. March 27, 2024) (Ambro, C.J.). Pennsylvania, like all other States, has devised a web of rules that qualified voters must follow to cast a ballot that will be counted. Mail-in and absentee voters, for their part, must sign and […]
CIVIL RIGHTS-STATE ACTION-FACEBOOK POSTING
Lindke v. Freed, 218 L. Ed. 2d 121 (March 15, 2024) (Barrett, J.). Like millions of Americans, James Freed maintained a Facebook account on which he posted about a wide range of topics, including his family and his job. Like most of those Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed […]
CONTRACTS-SPECIFIC PERFORMANCE
Matthew 2535 Props., LLC v. Denithorne, 2024 Pa. Super. LEXIS 89, 2024 WL 1126110 (March 15, 2024) (Kunselman, J.). This case involves the sale of a restaurant which burned down after the parties signed a sales agreement but before they closed on the deal. A court of equity ordered specific performance – namely, that the […]
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