PLEADING-CREDIT CARD-ATTACHMENTS Bank of America v. Ramos, Pa. Civil No. CV-21-0743 (C.P. Lycoming January 18, 2022) (Tira, J.). This is a credit card collection debt case. Defendant consumer filed preliminary objections. Plaintiff failed to attach a copy of defendant’s application and a copy of the credit card agreement. Plaintiff is not required to attach a […]
Medical Malpractice
MEDICAL MALPRACTICE-CERTIFICATE OF MERIT-CORPORATE RESPONSIBILITY Cuneo v. UPMC, Pa. No. 21-0717 (C.P. Lycoming March 3, 2022) (Linhardt, J.). Plaintiff commenced this case by filing a Complaint on July 20, 2021 against UPMC, a number of related corporate defendants (collectively the “Corporate Defendants”) and Defendant Sean T. MacMillen (“MacMillen”). Plaintiff alleges she was diagnosed with bipolar […]
Landlord Tenant
COVID-19-EVICICTIONS OF TENANTS Ala. Ass’n of Realtors v. HHS, 2021 U.S. LEXIS 3679 (August 26, 2021). PER CURIAM. The Director of the Centers for Disease Control and Prevention (CDC) has imposed a nationwide moratorium on evictions of any tenants who live in a county that is experiencing substantial or high levels of COVID–19 transmission and […]
Insurance
MISREPRESENTATION-PHARMACIES-INSURANCE FRAUD Liberty Mutual Group, Inc. v. 700 Pharmacy, LLC, 2022 Pa. Super. 19, No. 3357 EDA 2019 (February 1, 2022) (Nichols, J.). Case brought by insurance companies against pharmacies. The claim was for fraud, insurance fraud, aiding and abetting and unjust enrichment. Appellants claimed that pharmacies created an unlawful business structure under which doctors […]
In The News
Why You Should Test Your Residence For Radon You may not know it, but your home could be dangerous to your health. Radon, a colorless, odorless, tasteless, radioactive gas produced during the natural decay of uranium in rock and soil, may be present in your home in an amount that can potentially lead to lung […]
Financial Responsibility Law
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 […]
Evidence
EVIDENCE-HEARSAY-CHAPLAIN-MEDICAL MALPRACTICE Lutz v. The Williamsport Hospital, Pa. No. CV-18-384 (C.P. Lycoming February 15, 2022) (Tira, J.). Plaintiff now alleges that Defendant was negligent in, among other things, allowing Mr. Lutz’s physical condition to deteriorate “without appropriate medical intervention for an unreasonable period of time” after he was found unresponsive and in administering “excessive amounts […]
Employment Rights
WRONGFUL DISCHARGE-WHISTLEBLOWER-PRIVATE EMPLOYER Heckman v. UPMC Wellsboro, 2021 U.S. Dist. LEXIS (M.D. Pa. July 7, 2021) (Brann, J.) On September 15, 2020, Dr. Matthew Heckman commenced this lawsuit against UPMC Wellsboro, North Penn Comprehensive Health Services, and the Green Home. On November 23, 2020, Heckman filed a five-count amended complaint seeking a declaratory judgment regarding Heckman’s […]
Dram Shop Act
Drivers with Multiple DUI Offenses in Pennsylvania Drivers who repeatedly drive while intoxicated, even after getting multiple DUI convictions, put themselves and others at risk. Drunk driving is a major cause of car crashes that kill and maim people throughout Pennsylvania. In 2017, the department of transportation (PennDOT) recorded 12,040 crashes where a driver was […]
Defamation
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 […]
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