L.T. v. Kubota Mfg. of Am. Corp., 2025 Pa. Super. LEXIS 74 (Pa. Superior Ct., February 14, 2025) OPINION BY BOWES, J.: L.T., a minor by and through his parent and natural guardian,1 Alicia Copenhaver, and Ms. Copenhaver, individually (collectively “Plaintiffs”), challenge the order that granted the motion for summary judgment filed by Kubota Manufacturing […]
Author Archives: Rieders Travis
NEGLIGENCE-LAND OWNERS LIABILITY-TREE
Harris v. Felouzis, 2025 Pa. Super. LEXIS 69 (Pa. Superior Ct., February 10, 2025) (Kunselman, J.) The Defendant, Danielle M. Felouzis allowed a 110-year-old tree to grow unaltered on a steep hillside, above an urban highway. The jury deemed that to be a dangerous condition and that her neglect proximately caused harm to James Harris, […]
UNEMPLOYMENT COMPENSATION-COVID-CARES ACT
Johnson v. Unemployment Comp. Bd. of Review, 2025 Pa. Commw. LEXIS 30 (Pa. Commw. Ct., February 11, 2025) (Dumas, J.) Claimant asserts that she is a covered individual under Section 2102(a)(3)(A)(ii)(I)(ii) of the CARES Act and, therefore, eligible for PUA benefits. To qualify under subsection (a)(3)(A)(ii)(I)(ii), a claimant must self-certify that she had to quit […]
VICARIOUS LIABILITY-FRANCHISOR
Coryell v. Morris, 2025 Pa. Super. LEXIS 49 (Pa. Superior Ct., January 31, 2025) OPINION BY BOWES, J.: Domino’s Pizza LLC (“Domino’s”) appeals from the judgment entered against it, its franchisee Robizza, Inc. (“Robizza”), and Robizza’s employee, Steven Morris, and in favor of Clarence David Coryell and his wife, Sandra Coryell. We affirm. On July […]
DAMAGES-PUNITIVE-AUTO ACCIDENT
Janes v. Charles, 2025 Pa. Dist. & Cnty. Dec. LEXIS 4 (Lackawanna Cty. Ct. of Common Pleas, January 28, 2025) (Nealon J.) This case lays out the law pleading in respect to punitive damages. The “material facts” standard in Rule 1019(a) is confined to a “cause of action or defense” as opposed to a demand […]
ATTORNEYS FEES-CIVIL RIGHTS-AFFIDAVIT-CLIFF RIEDERS
Holmes v. Am. Homepatient, Inc., 2025 U.S. Dist. LEXIS 14627 (Pa. Middle District Ct., January 28, 2025) (Brann, J.) In this case where Plaintiff lawyers achieve a significant result and became a prevailing party, in a civil rights case, the judge considered my affidavit in favor of the Plaintiffs. Plaintiffs sought to recover their attorneys’ […]
PROCEDURE-JURISDICTION-SUPPLEMENTAL JURISDICTION-STATE CLAIMS ONLY
Royal Canin U.S.A., Inc. v. Wullschleger, 2025 U.S. LEXIS 365 (U.S. Supreme Court, January 15, 2025) (Kagan,J.) If a complaint filed in the state court asserts federal-law claims, the claimant may remove to federal court. If the complaint also asserts state-law claims arising from the same facts, the federal court may adjudicate those claims also […]
ADMINISTRATIVE PROCEDURE ACT-DIGITAL ASSETS-RULE MAKIING
Coinbase, Inc. v. SEC, 2025 U.S. App. LEXIS 653 (3rd Cir. Ct. of App., January 13, 2025)(Ambro, J.) Coinbase Global, Inc., a trading platform that facilitates the exchange of digital assets, petitioned the Securities and Exchange Commission (SEC) to promulgate rules clarifying how and when the federal securities laws apply to digital assets like cryptocurrencies […]
PROCEDURE-PLEADING-SPECIFICITY
Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) The Court adopts Plaintiffs’ and the Gardens’ Stipulation in Lieu of Preliminary Objections to the Amended Complaint (“Gardens’ Stipulation”) in which Plaintiffs and the Gardens agreed that Plaintiffs shall identify the […]
ARBITRATION-NURSING HOME-UNCONSCIONABILITY
Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) Nursing home resident signed arbitration clause and Court found that it is procedurally and substantively unconscionable. First, the Court finds that Ms. Curtin, did not have the legal capacity to sign […]
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