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RICO-PHARMACEUTICAL DRUG MARKETING-AVANDIA RICO-PHARMACEUTICAL DRUG MARKETING-AVANDIA- In re Avandia Marketing, Sales and Products Liability Litigation, 2019 U.S. App. LEXIS 37485 (3d Cir. December 17, 2019) Restrepo, C.J. Health care plan sued manufacturer of Avandia claiming RICO violation, violation under state law and Unfair Trade Practices and Consumer Protection Act. The district court granted the motion to dismiss and the Third…
FINANCIAL RESPONSIBILITY LAW-SUBROGATION-HEART AND LUNG ACT BENEFITS City of Philadelphia v. Zampogna, 2017 Pa. Commw. LEXIS 1077 (December 27, 2017) Leavitt, P.J. The City of Philadelphia appealed an order of the Court of Common Pleas of Philadelphia County, granting declaratory judgment in favor of a City employee. The trial court held that Section 1720 of the Motor Vehicle Financial Responsibility…
DAMAGES-PIERCIING THE CORPORATE VEIL Kelly Smith v. A.O. Smith Corp., 2022 Pa. Super. LEXIS 37(January 26, 2022) (Colins, J.). Kelly Smith (“Plaintiff”), the executrix of the estate of Daniel R. Harrity (“Decedent”), appeals from the December 1, 2020 order dismissing all claims and parties in this action in which Plaintiff seeks damages related to Decedent’s alleged exposure to asbestos. In…
STATUTE OF LIMITATIONS-PROTECTION OF VICTIMS OF SEXUAL VIOLENCE OR INTIMIDATION ACT K.N.B. v. M.D., 2021 Pa. LEXIS 3611 (September 22, 2021) (Wecht, JJ.). The main question in this appeal is whether a petition seeking a protective order under the Protection of Victims of Sexual Violence or Intimidation Act (“PVSVIA”) is subject to the two-year statute of limitations governing certain enumerated civil actions…
DEFAMATION-INCOMPLETE STATEMENTS LACKING IN INTEGRITY Meyers v. Certified Guaranty Company, 2019 Pa. Super. LEXIS 1041 (October 28, 2019) Pellegrini, J. Lower court dismissed the case on summary judgment. Statements suggested that Meyers was incompetent and lacking in integrity. The statements were said to be false. As held by Pennslvania courts, a statement qualified by the speaker as being only an…
Newsuan vs. Republic Servs., 2019 Pa. Super. LEXIS 613. Opinion by Stevens, P.J.E. At issue is whether the court erred in ruling that neither an attorney-client communications privilege nor an attorney work product privilege applied to interviews between counsel for Republic Services and 16 non-party Republic Services laborers identified by Newsuan as potential worksite eyewitnesses. Upjohn Co vs. U.S., 449…
Marshall vs. Brown’s IA, LLC, 2019 Pa Super. LEXIS 608. Opinion by Bowes, J. Harriet Marshall appeals from the July 10, 2017, judgment in favor of Appellee Brown’s IA, LLC, and alleges that she is entitled to a new trial because the trial court erred in refusing to give an adverse inference instruction based on Appellee’s spoliation of videotape evidence. …