Barris v. Stroud Twp., 2024 Pa. LEXIS 240 (February 21, 2024) (Dougherty, J.). The Second Amendment to the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. For the […]
Author Archives: Rieders Travis
WRONGFUL DISCHARGE-INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS
Salsberg v. Mann, 2024 Pa. LEXIS 233, 2024 WL 696428 (February 21, 2024) (Brobson, J.). This discretionary matter concerns a claim brought by Cara Salsberg (Salsberg), a former at-will employee of Drexel University (University), against her former supervisor, Donna Mann (Mann), asserting that Mann intentionally interfered with Salsberg’s contractual relationship with Drexel by taking actions […]
ATTORNEY’S FEES-CONTRACTS-COVENANT NOT TO COMPETE
– Vinculum, Inc. v. Goli Techs., LLC, 2024 Pa. LEXIS 238, 2024 WL 697165 (February 21, 2024) (Brobson, J.). In this discretionary matter, we must decide whether Appellant Vinculum, Inc. (Vinculum) is entitled to recover attorney fees and lost-profit damages purportedly extending beyond a one-year, non-compete period that flowed from Goli Technologies, LLC’s (Goli LLC) […]
CONFLICT OF LAW-CHOICE OF LAW-MARITIME CONTRACTS
Great Lakes Ins. SE v. Raiders Retreat Realty Co., LLC, 217 L. Ed. 2d 401 (February 21, 2024) (Cavanaugh, J.) Maritime contracts often contain choice-of-law provisions that designate the law of a particular jurisdiction to control future disputes. The enforceability of those choice-of-law provisions is governed by federal maritime law. Applying federal maritime law in […]
STATUTE OF LIMITATIONS-ACCOUNTING ACTION-SIX-YEAR STATUTE OF LIMITATIONS
KEM Res., LP v. Deer Park Lumber, Inc., 2024 Pa. LEXIS 243, 2024 WL 696763 (February 21, 2024) (Mundy, J.). This case involved what seems like a contract breach involving a gas lease, but according to the court, Pennsylvania’s 6-year statute of limitations applies to any civil action or proceeding which is neither subject to […]
PRIVACY-PENNSYLVANIA PRIVACY LAW-PENN MEDICINE SHARING INFORMATION WITH FACEBOOK ABOUT PATIENTS
Mohr v. Trs. of the Univ. of Pa., 2024 U.S. App. LEXIS 3963, 2024 WL 698074 (3rd Cir. February 24, 2024) (Porter, C.J.). Plaintiffs filed a putative class action in state court against the Trustees of the University of Pennsylvania (Penn), which controls and operates the Hospital of the University of Pennsylvania Health System (Penn […]
COLLEGES AND UNIVERSITIES-VACCINATION REQUIREMENTS
Child.’s Health Def., Inc. v. Rutgers, 2024 U.S. App. LEXIS 3560 (3rd Cir. February 15, 2024) (Krause, C.J.). Students challenge vaccine mandate. Without the vaccination, students were not allowed to return to Rutgers. There were exemptions to the mandate. Those exemptions included students with bona fide religious belief or practices. But even they had certain […]
PROCEDURE-COORDINATE JURISDICTION RULE-JEHOVAH’S WITNESSES
Ivy Hill Congregation of Jehovah’s Witnesses v. Commonwealth, Dep’t of Hum. Servs., 2024 Pa. LEXIS 198 (S. Ct. February 13, 2024) (Todd, C.J.). Justice Todd, writing for the Supreme Court, held that the Commonwealth Court, in dismissing a petition filed by the Jehovah’s Witnesses, under the Declaratory Judgments Act, violated the Coordinate Jurisdiction Rule. Hence, […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM COVERAGE-STACKING-WAIVER-HOUSEHOLD EXCLUSION
Kenya Major v. Cruz, 2024 Pa. Super. LEXIS 47 (February 13, 2024) (Stabile, J.). Appeal from summary judgment in favor of State Farm. Major was permissible driver of Kia Sportage that belonged to her mother, Donna Hughes-Major. Was hit from behind by Cruz. Suit filed against Cruz and State Farm, which insured the Sportage and […]
PROCEDURE-VENUE-MEDICAL MALPRACTICE
Mazzuca v. Abreu, 2024 Pa. Super. LEXIS 45 (February 12, 2024) (Stevens, P.J.E.). In appellant’s affidavit that she served Dr. Abreu in Philadelphia County provides support for her choice of venue. Appellees, as the moving parties, have the burden of proving that a change of venue is necessary. As the trial court erred in determining […]