Webb v. DOJ, 2024 U.S. App. LEXIS 24519 (September 27, 2024)(Freeman, J.) FREEMAN, Circuit Judge. William Webb, an inmate at Delaware’s James T. Vaughn Correctional Center (JTVCC), sued prison officials for failing to schedule court-ordered visits with his daughter. The District Court screened and dismissed the suit, holding that Webb did not exhaust JTVCC’s internal […]
Author Archives: Rieders Travis
The Slow Continuing Death of the Bivens Doctrine
Henry v. Essex, 2024 U.S. App. LEXIS 21925, (U.S. Ct. of App., 3d Cir., August 29, 2024)(Ambro, J.) With each new court decision, it seems as though the significant Bivens decision is not really on life support but has been taken off the respirator so that it can be permitted to die. An example of […]
CONSTITUTIONAL LAW-8TH AMENDMENT-CRUEL AND UNUSUAL PUNISHMENT-AMERICANS WITH DISABILITIES ACT-MENTAL ILLNESS
Williams v. Secretary Pa. DOC, U.S. App. LEXIS 2414, (U.S. Ct. of App., 3d Cir., September 20, 2024)(McKee, J.) McKEE, Circuit Judge. Roy Lee Williams, a death-row prisoner with a history of mental illness, was held in solitary confinement on the Capital Case Unit (CCU) of a Pennsylvania state correctional institution for twenty-six years. Williams […]
MEDICAL MALPRACTICE-DRUG MANUFACTURERS-PHARMACEUTICAL
In re Fosamax (Alendronate Sodium) Prods. Liab. Litig., U.S. App. LEXIS 23950, (U.S. Ct. of App., 3d Cir., March 5, 2024)(Jordan, J.) JORDAN, Circuit Judge. Drug manufacturers have the primary responsibility to ensure that the labels on their products comply with federal and state law. In this case, hundreds of Plaintiffs accuse drug manufacturer Merck […]
MEDICAL DEVICES-PACEMAKER-STRICT LIABILITY
Plaintiff Richard M. Ford (“Mr. Ford”) and Sandy S. Ford (“Mrs. Ford”) (collectively, “the Fords” or “Plaintiffs”) initiated this action by filing a complaint in the Luzerne County Court of Common Pleas against Defendants St. Jude Medical, LLC and St. Jude Medical S.C., Inc., (collectively, “Defendants”). On October 18, 2021, Defendants removed this case to […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-STACKING-RENEWAL OF A POLICY VERSUS A NEW POLICY
McGuire v. Nationwide, 2024 U.S. Dist. LEXIS 163290 (U.S. Dist. Ct. for W. Dist. of Pa., September 11, 2024) (Ranjan, J.) J. Nicholas Ranjan, United States District Judge Pennsylvania law allows policyholders to “stack” the number of limits of uninsured (UM) or underinsured (UIM) motorist coverage in an automobile insurance policy based on the number […]
PROCEDURE-JURISDICTION-PERSONAL JURISDICTION-UNLYING COMMUNICATION INTERCEPT
Hasson v. FullStory, Inc., 2024 U.S. App. LEXIS 22552 (Pa. Super. U.S. Ct. of App., 3d Cir., September 5, 2024) (Hardiman, J.) OPINION OF THE COURT HARDIMAN, Circuit Judge. These appeals come to us from the District Courts’ orders dismissing two class actions for lack of personal jurisdiction. In the first case, Kenneth Hasson sued […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-HOUSEHOLD EXCLUSION-PAYMENT OF PREMIUM
MidCentury Ins. v. Werley, 2024 Pa. Super. LEXIS 22554, (U.S. Ct. of App., 3d Cir., September 5, 2024) (Smith, J.) OPINION OF THE COURT RENDELL, Circuit Judge. Levi Werley was seriously injured while riding an uninsured motorized dirt bike. When the insurance of the driver that struck him did not compensate him fully for his […]
WORKERS COMPENSATION-STATUATORY EMPLOYER-TIMBER-ELECTROCUTION
Feldman v. CP Acquisitions, 2024 Pa. Super LEXIS 395, (Pa. Super., September 12, 2024) (Beck, J.) BEFORE: LAZARUS, P.J., PANELLA, P.J.E., and BECK, J. OPINION BY BECK, J. Vito Braccia Construction, LLC (“VBC”) appeals from the judgment entered by the Philadelphia County Court of Common Pleas (“trial court”) in favor of Brian Feldman (“Feldman”). On […]
PARTNERSHIP-CONTINUATION OF PRIOR PARTNERSHIP
Caruso v. Caruso (In re Est. Caruso), 2024 Pa. LEXIS 1334 (Pa. Super., September 11, 2024) (Todd, J.) CHIEF JUSTICE TODD In this appeal by allowance, we consider whether an individual – here, the spouse of a deceased business partner – who was not an original party to a partnership agreement, nor a third-party beneficiary […]
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