Jones v. Foods on First III Inc., 2025 Pa. Super. LEXIS 386 (August 26, 2025) Bowes, J. OPINION BY BOWES, J.: Foods on First III, Inc., d/b/a Foods on First; Foods on First VI, Inc., d/b/a Foods on First; Manuel Salazar; and Aldo Salazar (collectively “Defendants”) appeal from the judgment finding in favor of Najaea […]
Category Archives: Summary Court Opinions
PUBLIC UTILITIES – ELECTRICITY – SUPREMACY CLAUSE – PREEMPTION
Transource Pa., LLC v. Defrank, 2025 U.S. App. LEXIS 22972 (September 5, 2025) McKee, J. Before: SHWARTZ, MATEY, and McKEE, Circuit Judges. McKEE, Circuit Judge. This appeal arises from an order of the Pennsylvania Public Utility Company denying plaintiff-appellee Transource Pennsylvania LLC’s applications to build electricity-transmission lines in Pennsylvania. Transource’s applications were part of a […]
MEDICAL MALPRACTICE – IN-HOME CAREGIVER – NEGLIGENCE – LIFTING AND MOVING PATIENTS
Fisher v. Gingerich, 2025 Pa. Super. Unpub. LEXIS 2205 (August 27, 2025) Stevens, P.J.E. OPINION BY STEVENS, P.J.E. Plaintiffs/Appellants, Mary and Brett Fisher, (hereinafter “Appellants”) appeal from the order of the Court of Common Pleas of Perry County granting summary judgment in favor of Donna Gingerich, Defendant/Appellee, and dismissing the matter with prejudice. This case […]
MEDICAL MALPRACTICE – HOME HEALTH CARE – COVID-19 – PREP ACT – HOME HEALTH CARE WORKERS – IMMUNITY
Boyle v. Meyer, 2025 Pa. Super. LEXIS 410 (September 9, 2025) Lane, J. BEFORE: McLAUGHLIN, J., LANE, J., and BENDER, P.J.E. OPINION BY LANE, J. Judith Meyer (“Meyer”) and OSPTA @HOME, LLC d/b/a OSPTA Home Care & Hospice (“OSPTA”) (collectively, “Defendants”) appeals from the order denying their motion for judgment on the pleadings in this […]
SETTLEMENT – RELEASE
West v. Abington Mem’l Hosp., 2025 Pa. Super. LEXIS 390 (August 28, 2025) Bowes, J. BEFORE: BOWES, J., OLSON, J., and McLAUGHLIN, J. OPINION BY BOWES, J. // DISSENTING OPINION BY McLAUGHLIN, J. Sean West and Amy West, as parents and natural guardians of Juliana West, a minor, individually and in their own right (collectively […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – OFF CAMPUS SPEECH
Jorjani v. N.J. Inst. of Tech., 2025 U.S. App. LEXIS 23109 (September 8, 2025) Matey, Circuit Judge. Before: KRAUSE, MATEY, and PHIPPS, Circuit Judges. MATEY, Circuit Judge. New Jersey Institute of Technology declined to renew a lecturer’s contract based on his private comments about race, politics, and immigration. But NJIT’s regulation of speech outside the […]
MEDICAL MALPRACTICE – INCREASED RISK OF HARM – JURY INSTRUCTIONS – EXPERT TESTIMONY – JURY CHARGE – EXPERT WITNESS – CAUSATION
Lewis v. Reading Hosp., 2025 Pa. Super. LEXIS 398 (September 2, 2025) Stabile, J. Judges: BEFORE: BOWES, J., OLSON, J., and STABILE, J. OPINION BY STABILE, J.: In this medical malpractice action, Reading Hospital, Robert Q. Luo, M.D., Tower Health Medical Group (defendants/Appellants) were found liable for the injuries sustained by Ronald Lewis (plaintiff/Appellee) after […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH
Armslist LLC v. Facebook, Inc., 335 A.3d 1 (April 3, 2025) McLaughlin, J. Judges: BEFORE: MURRAY, J., McLAUGHLIN, J., and KING, J. OPINION BY McLAUGHLIN, J. OPINION BY McLAUGHLIN, J.: Appellants here — Armslist LLC (“Armslist”), Torquelist LLC (“Torquelist”), Jonathan Gibbon, and N. Andrew Varney, III — sued Appellees, Facebook, Inc. (“Facebook”) and Instagram, LLC […]
PROCEDURE – VENUE – PRELIMINARY OBJECTIONS
Rosamilia v. Alaska Air Cargo, 2025 Pa. Super. LEXIS 401 (September 3, 2025) Stevens, P.J.E. Judges: BEFORE: PANELLA, P.J.E., LANE, J., and STEVENS, P.J.E. Appellant, Andrew Rosamilia, appeals from the October 31, 2024, order entered in the Court of Common Pleas of Clinton County, which sustained Appellee, Alaska Air Cargo’s (“Alaska Air”), preliminary objections based […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – ANTISEMITISM
Landau v. Corp. of Haverford Coll., 2025 U.S. Dist. LEXIS 123300 (June 30, 2025) McHugh, J. As recognized in my first opinion in this action, dismissing Plaintiffs’ First Amended Complaint, antisemitism is a serious problem. Where antisemitism results in a deprivation of educational opportunities, federal law provides a remedy. And where the record supports it, […]
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