Simone v. Zakiul Alam, 2025 Pa. LEXIS 393 (Pa. Supreme Ct., March 20, 2025) JUSTICE MUNDY We granted allowance of appeal to consider whether an individual who was a tenant in common of real property—but who was not in possession or control of the property—is an indispensable party in a premises liability action against another […]
Author Archives: Rieders Travis
MEDICAL MALPRACTICE-MCARE ACT-SUBROGATION-WORKERS COMPENSATION
Griffis v. Workers’ Comp. Appeal Bd. (Albert Einstein Healthcare Network), 328 A.3d 538, LEXIS 846 (Pa. Commonwealth Ct., July 15, 2020) (J. Cohn Jubelirer) Judges: BEFORE: HONORABLE RENÉE COHN JUBELIRER, Judge, HONORABLE ELLEN CEISLER, Judge (P.), HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge. The claimant appealed to this Court, asserting that the silence in Section 508 […]
CIVIL RIGHTS-RELIGION-COVID VACCINE
Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]
CIVIL RIGHTS-RELIGION-COVID VACCINE
Allegheny Cnty. Dep’t of Health v. Wilkerson, 2024 Pa. Commw. LEXIS 263 (Pa. Commonwealth Court, December 19, 2024) (Wallace, J.) The Allegheny County Department of Health petition for review of an Order of the State Civil Service Commission which instated the appeal of employee Wilkerson and overruled the department’s action of terminating her from employment. […]
PRODUCTS LIABILITY-SAFETY NETTING FOR BASEBALL
Twigg v. Varsity Brands Holding Co., 2025 U.S. Dist. LEXIS 41690 (Middle Dist. of Pa., March 7, 2025) (Brann, J.) Judge Brann went through Daubert challenges on the Plaintiff’s experts and did not grant most of them. Discussed foreseeable use and misuse of baseball safety net. Discussed expert reports, Daubert challenges, and only rejected a […]
SOVEREIGN IMMUNITY-INTERSTATE SOVEREIGN IMMUNITY-NEW JERSEY TRANSIT
Galette v. NJ Transit, No. 4 EAP 2024 (Pa. Superior Ct., March 11, 2025) (Brobson, J.) Appellee Cedric Galette (Galette) initiated a negligence action against Julie McCrey (McCrey) and Appellant New Jersey Transit (NJ Transit) in the Court of Common Pleas of Philadelphia County (trial court). NJ Transit is an “instrumentality” of the State of […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM-STACKING WAIVER FORM-NEW PRODUCT
McGuire v. Nationwide Affinity Ins. Co. of Am., 2025 U.S. Dist. LEXIS 40195 (Pennsylvania Western District Court, March 6, 2025) (Ranjan, J.) On September 11, 2024, the Court issued an opinion, granting partial summary judgment in this underinsured motorist coverage case. As the parties made clear, the key dispute in this case was whether Nationwide’s […]
MEDICAL MALPRACTICE-AUDIT TRAIL-ELECTRONIC MEDICAL RECORDS
Baker v. Geisinger Cnty. Med. Ctr., 2017 Pa. Dist. & Cnty. Dec. LEXIS 11277 (Lackawanna County Court of Common Pleas, April 7, 2017) (Nealon, J.) In this malpractice litigation against a hospital, the plaintiff has filed a motion to compel the hospital to produce the “audit trail” for her electronic medical records from the date […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-EXHAUSTION OF OTHER POLICIES
Ford v. Progressive Specialty Ins. Co., 2025 U.S. Dist. LEXIS 39728 (Pa. Eastern Dist. Ct., March 5, 2025)(Slomsky, J.) This case arises from a dispute over benefits Plaintiff Michael J. Ford (“Plaintiff”) believed he had under his auto insurance policy (the “Progressive Specialty Policy”) issued by Defendant Progressive Specialty Insurance Company (“Defendant” or “Progressive”). Plaintiff, […]
FEDERAL TORT CLAIMS ACT-INDEPENDENT CONTRACTORS
Fitch v. Valor Healthcare, 2025 U.S. Dist. LEXIS 37683, (West. Dist. Ct., of Pa. March 3, 2025) (Horan, J.) Independent contract doctors are not subject in Federal Tort Claims Act. For that reason, this case against independent contractors was dismissed with leave to amend in the event the Plaintiff could show the appropriate relationship which […]