CIVIL RIGHTS-JOB DISCRIMINATION-RACE Castleberry v. Sti Group, 2017 U.S. App. LEXIS 12611 (3rd Cir. July 14, 2017) Ambro, C.J. Castleberry and Brown brought suit asserting that their termination was racially motivated, citing to various examples of discrimination such as remarks made at the workplace and unfair work treatment. The District Court dismissed their complaint. Because […]
Truck Accidents
What the “Truck Driver Shortage” in PA Says About the Trucking Industry The trucking industry is hurting, causing problems for all motorists. There is a shortage of truck drivers across the country; and while it might seem that fewer trucks on the road should lead to fewer accidents, the result is the opposite. In Pennsylvania, as […]
Statute of Limitations
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 […]
Sovereign Immunity
APPEALS-COLLATERAL ORDER-SUMMARY JUDGMENT-SOVEREIGN IMMUNITY Brooks v. Ewing Cole, Inc., 2021 Pa. LEXIS 3612 (September 22, 2021) (Mundy, JJ.). Trial court’s order denying summary judgment on sovereign immunity grounds is a collateral order appealable as a right under Rule 313. Therefore, the Supreme Court reverses the Commonwealth Court and remands to the Commonwealth Court for further […]
Products Liability
PRODUCTS LIABILITY-PELVIC MESH DEVICE Brown v. C.R. Bard, Inc., 2022 U.S. Dist. LEXIS 24660 (E.D. Pa. February 11, 2022) (Leeson, Jr., J.). In this Bard pelvic mesh case, a motion to dismiss an amended was filed by Bard. Plaintiff states a negligence claim for design defect and failure to warn. To the extent the count […]
PROCEDURE-SERVICE OF PROCESS-REINSTATEMENT Bella v. Penn Presbyterian Med. Ctr., 2022 Pa. Super. LEXIS 83 (February 22, 2022) (Stevens, PJE). Appellant timely filed this action by filing a complaint on September 23, 2020. However, appellant did not serve PPMC within 30 days of filing his complaint and did not seek to reinstate the complaint to maintain […]
Pharmaceutical Drugs
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 […]
Personal Injury
ROUNDUP CASES-WARNING Hardeman v. Monsanto Co., 2021 U.S. App. LEXIS 14344; ___ F.3d ___; 2021 WL 1940550 (May 14, 2021) (R. Nelson, C.J.) What happened here is that the jury returned a verdict for $5,267,634.10 in compensatory, and $75 million in punitive damages. The district court reduced the jury’s punitive damage aware to only $20 […]
Nursing Home Abuse
Are Elder Abuse Cases Mishandled in Pennsylvania? Senior citizens are one of our most vulnerable populations, so it is not surprising that abuse of the elderly is increasing in Pennsylvania. Elder abuse occurs when someone harms, neglects or exploits an older or care-dependent person. According to the Department of Aging, caseworkers handled nearly 32,000 calls […]
Negligence
NEGLIGENCE-COLLEGES AND UNIVERSITIES-TEAM SPORTS-SAFE PATHWAY Baumbach v. Lafayette Coll., 2022 Pa. Super. LEXIS 102 (March 4, 2022) (Dubow, J.). In this case, plaintiff was a team athlete. She was on the rowing team and had to go to and from the boathouse. The plaintiff was hit by a drunk driver when she and her teammates […]
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