Procedure

July 23rd, 2019 by Rieders Travis in Procedure

PROCEDURE-CLASS ACTION-FOREIGN MEDICAL STUDENTS Russell v. Educ. Comm’n for Foreign Med. Graduates, 2021 U.S. App. LEXIS 28960 (3rd Cir. September 24, 2021) (Restrepo, C.J.). Third Circuit reversed this case, saying class action should not have been granted because the factors were not rigorously examined. This case involved graduates of foreign medical schools who wished to be accepted to United States medical-residency program. They must have graduated with certain requirements, including United States medical licensing exam. This case involved investigation of irregular behavior. There is a commission that decides whether there has been irregular behavior. The court found this one person’s issue did not support a class action. PROCEDURE-AMENDMENT-RELATION BACK-STATUTE OF REPOSE SEPTA v. Orrstown Fin. Servs., 2021 U.S. App. LEXIS 26503 (September 2, 2021) (Ambro, C.J.).  Statutes of limitations, as their name suggests, limit the amount of time in which a plaintiff can bring a particular claim. Once the limitations period has expired, a plaintiff who has not already filed suit is ordinarily out of luck. But statutes of limitations are subject to various carveouts and exceptions. Statutes of repose are statutes of limitations’ more severe cousins. They “protect[] the…

PROCEDURE-FORUM NON CONVENIENS-MEDICAL MALPRACTICE

January 25th, 2018 by Rieders Travis in Procedure

Paige Moody and Khalil Tomlinson v. Lehigh Valley Hospital – Cedar Crest, 2018 Pa. Super. LEXIS 28 (January 18, 2018) Bowes, J.  Wrongful death and survival action sounding in medical malpractice was filed in Philadelphia.  The trial court transferred the case to Lehigh Valley on forum non conveniens grounds.  The Superior Court reversed and remanded for further proceedings consistent with the opinion.  A 17-month-old presented at Lehigh Valley Hospital with a history of vomiting and coughing.  She came under the care of physicians there.  After further doctor and hospital visits to various doctors and Lehigh Valley Hospital, the child was transferred to Children’s Hospital of Philadelphia by helicopter.  The doctors at Children’s Hospital performed a cardiac procedure and administered an overdose of versed, 10 times the proper dose.  The child died at Children’s Hospital eight (8) days later.  The burden to transfer on forum non conveniens grounds is a heavy one.  It must be shown that the chosen forum is either vexatious or oppressive.  Vexatious means that the plaintiff’s choice was intended to harass the defendant, even at some inconvenience to the plaintiff himself.  Oppressiveness requires a detailed factual showing…

DRAGONETTI-DAMAGES-PROOF OF WRONGFUL USE OF CIVIL PROCEEDINGS

October 19th, 2016 by Rieders Travis in Procedure

Miller v. St. Luke’s Uiv. Health Network, 142 A.3d 884 (Pa. Super. 2016).  “The question before us, therefore, is whether the trial court properly declined to instruct the jury that Dragonetti Act damages are presumed to flow from a defendant’s wrongful use of civil proceedings in favor of instructing, instead, that a plaintiff who proves wrongful use still carries the burden of proving resultant damages…We, therefore, dismiss Appellant’s challenge to the jury charge as meritless.”  In spite of the jury’s finding of a violation of the Dragonetti Act, the jury had the right to find that there were no damages.  The court did not disturb the jury’s determination that there was no probable cause in pursuing the claim of wrongful use of civil proceedings.