Galette v. NJ Transit, No. 4 EAP 2024 (Pa. Superior Ct., March 11, 2025) (Brobson, J.) Appellee Cedric Galette (Galette) initiated a negligence action against Julie McCrey (McCrey) and Appellant New Jersey Transit (NJ Transit) in the Court of Common Pleas of Philadelphia County (trial court). NJ Transit is an “instrumentality” of the State of […]
Category Archives: Summary Court Opinions
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM-STACKING WAIVER FORM-NEW PRODUCT
McGuire v. Nationwide Affinity Ins. Co. of Am., 2025 U.S. Dist. LEXIS 40195 (Pennsylvania Western District Court, March 6, 2025) (Ranjan, J.) On September 11, 2024, the Court issued an opinion, granting partial summary judgment in this underinsured motorist coverage case. As the parties made clear, the key dispute in this case was whether Nationwide’s […]
MEDICAL MALPRACTICE-AUDIT TRAIL-ELECTRONIC MEDICAL RECORDS
Baker v. Geisinger Cnty. Med. Ctr., 2017 Pa. Dist. & Cnty. Dec. LEXIS 11277 (Lackawanna County Court of Common Pleas, April 7, 2017) (Nealon, J.) In this malpractice litigation against a hospital, the plaintiff has filed a motion to compel the hospital to produce the “audit trail” for her electronic medical records from the date […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDER INSURANCE-EXHAUSTION OF OTHER POLICIES
Ford v. Progressive Specialty Ins. Co., 2025 U.S. Dist. LEXIS 39728 (Pa. Eastern Dist. Ct., March 5, 2025)(Slomsky, J.) This case arises from a dispute over benefits Plaintiff Michael J. Ford (“Plaintiff”) believed he had under his auto insurance policy (the “Progressive Specialty Policy”) issued by Defendant Progressive Specialty Insurance Company (“Defendant” or “Progressive”). Plaintiff, […]
FEDERAL TORT CLAIMS ACT-INDEPENDENT CONTRACTORS
Fitch v. Valor Healthcare, 2025 U.S. Dist. LEXIS 37683, (West. Dist. Ct., of Pa. March 3, 2025) (Horan, J.) Independent contract doctors are not subject in Federal Tort Claims Act. For that reason, this case against independent contractors was dismissed with leave to amend in the event the Plaintiff could show the appropriate relationship which […]
ATTORNEYS FEES-PREVAILING PARTIES-1988
Lackey v. Stinnie, 2025 U.S. LEXIS 866 (U.S. Supreme Court, February 25, 2025) (Roberts, J.) Drivers whose licenses were suspended under a Virginia statute for failure to pay court fines sued the Commissioner of the Virginia Department of Motor Vehicles under 42 U. S. C. §1983, challenging the statute as unconstitutional. The District Court granted […]
CORPORATIONS-VICARIOUS LIABILITY-SUCCESOR LIABILITY
Crops v. WeCare Organics LLC, Pa. Super. LEXIS 91 ; 2025 PA Super 44 (Pa. Super., February 25, 2025) (Olson, J.) Appellant, Denali Water Solutions, LLC, (“Denali”) appeals from the April 22, 2024 judgment entered in the Court of Common Pleas of Dauphin County. On appeal, Denali challenges the trial court’s determination that, under a […]
FALSE CLAIMS ACT-”CLAIM” UNDER THE ACT-FRAUD
Wis. Bell, Inc. v. United States ex rel. Heath, 2025 U.S. LEXIS 551 (U.S. Supreme Ct., February 21, 2025) (Kagan, J.) The E-Rate (short for Education-Rate) program, established under the Telecommunications Act of 1996, subsidizes internet and other telecommunications services for schools and libraries across the United States. To finance those subsidies, Congress required that […]
FOREIGN SOVEREIGN IMMUNITIES ACT OF 1976-JURISDICTION
Republic of Hungary v. Simon, 2025 U.S. LEXIS 549 (U.S. Supreme Court, February 21, 2025) (Sotomayer, J.) The Foreign Sovereign Immunities Act of 1976 (FSIA) provides foreign states with presumptive immunity from suit in the United States. 28 U. S. C. §1604. To sue a foreign sovereign in United States courts, plaintiffs must satisfy one […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-SIGNED ELECTION FORM-UIM COVERAGE
Goodville Mut. Cas. Co. v. McNear, 2025 Pa. Super. LEXIS 95 (Pa. Superior Ct., February 26, 2025) (Sullivan, J.) Valerie McNear appeal for summary judgement granted in favor of Goodville Mutual Insurance Company. In 2012, Karen initially signed an election form for less-than-full underinsured motorist (“UIM”) coverage, and she selected benefits of $50,000 each person/$100,000 […]