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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 signed agreement. Also, the plaintiff…
Defendant AbbVie Seeks to Delay Androgel Bellwether Selection in Multi-District Litigation Androgel lawsuits continue to be filed in federal court alleging that Defendant manufacturer AbbVie failed to adequately warn about the risk of heart attacks, blood clots and other side effects associated with the popular testosterone replacement therapy. Defendant is now seeking to delay the bellwether trial selection process in…
ARBITRATION-AGENCY-AGREEMENT TO ARBITRATE SC v. Merck Sharp & Dohme Corp., 2022 U.S. App. LEXIS 8500 (3rd Cir. March 21, 2022) (Hardiman, C.J.). This case involved motion to compel arbitration. Merck contended the District Court should have compelled Sugartown Pediatrics, etc., to arbitrate their claim that Merck’s vaccine bundling scheme was anticompetitive. The Third Circuit agreed and reversed and remanded to…
CONTRACT-QUANTUM MERUIT Artisan Builders, Inc. v. So Young Jang, 2022 Pa. Super. LEXIS 97 (February 28, 2022) (Stabile, J). This is a contract renovation dispute. To put ABI’s issues in context, we first address the difference between quantum meruit and unjust enrichment. In Angino & Rovner v. Jeffrey R. Lessin & Associates, 2016 PA Super 2, 131 A.3d 502 (Pa.…
ATTORNEY’S FEES-CHARGING LIEN Austin v. Thyssenkrupp Elevator Corp., 2021 Pa. Super. LEXIS 301 (May 14, 2021) (Stevens, P.J.E.) Interesting case discussing when an attorney has a right to a charging lien for a fee. With these precepts in mind, we agree with Attorney Schneider that there are equitable considerations necessitating the recognition and application of an attorney’s charging lien in…
CIVIL RIGHTS-TITLE IX Doe v. Princeton Univ., 2022 U.S. App. LEXIS 8499 (3rd Cir. March 31, 2022) (Matey, C.J.). Dismissal of complaint against Princeton University under Title IX is reversed. The case involved alleged physical contact that was inappropriate. A report was produced by Princeton, but the District Court credited that report more than it did the allegations of the…
CONSTITUTIONAL LAW-FOURTH AMENDMENT-PROBABLE CAUSE-MALICIOUS PROSECUTION Thompson v. Clark, 2022 U.S. LEXIS 1885 (S. Ct. April 4, 2022) (Kavanaugh, J.). JUSTICE KAVANAUGH delivered the opinion of the Court. Larry Thompson was charged and detained in state criminal proceedings, but the charges were dismissed before trial without any explanation by the prosecutor or judge. After the dismissal, Thompson alleged that the police…
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 its validity. The trial court…
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. …