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Category: Summary Court Opinions

CONSTITUTIONAL LAW-COMMERCE CLAUSE-DORMANT COMMERCE CLAUSE-PHILADELPHIA CITY TAX

Zilka v. Tax Rev. Bd., 2023 Pa. LEXIS 1584, 2023 WL 8102749 (S. Ct. November 22, 2023) (Todd, C.J.) In this appeal by allowance, we consider whether the City of Philadelphia (the “City” or “Philadelphia”) unconstitutionally discriminated against interstate commerce by subjecting a Philadelphia resident who worked exclusively out of state to its wage tax […]

MEDICAL MALPRACTICE-NO FELONY CONVICTION RECOVERY RULE

Dinardo v. Kohler, 2023 Pa. LEXIS 1583, 2023 WL 8102948 (S. Ct. November 22, 2023) (Todd, C.J.) Cosmo DiNardo (“DiNardo”), who suffers from various mental infirmities, confessed to killing four individuals, and pleaded guilty to four counts of first-degree murder. He subsequently filed a complaint against his treating psychiatrist and health care providers, claiming that […]

PROCEDURE-VENUE-FORUM NON CONVENIENS

Hangey v. Husqvarna Pro. Prods., 2023 Pa. LEXIS 1578, 2023 WL 8102730 (S. Ct. November 22, 2023) (Dougherty, J.) The trial court transferred venue based on a determination that corporate defendant did not regularly conduct business in Philadelphia because only 0.005% of the company’s total national revenue was derived from that county. On appeal, the […]

WORKERS’ COMPENSATION-IMMUNITY-OCCUPATIONAL DISEASE-LATENT OCCUPATIONAL DISEASE

McHenry v. Goodyear Tire & Rubber Co., 2023 Pa. Commw. LEXIS 191 (November 14, 2023) (Dumas, J.). The Goodyear Tire and Rubber Company (Goodyear) appeals by permission from the order entered by the Philadelphia County Court of Common Pleas (trial court) on January 20, 2022, which denied without prejudice Goodyear’s motion to dismiss for lack […]

MEDICAL MALPRACTICE-THIRD PARTY LIABILITY

Ritz v. Ramsay, 2023 Pa. Super. LEXIS 540 (November 14, 2023) (Stabile, J.). Appellants, Jeffrey A. Ritz, as executor of the estate of Joseph H. Cummins (the “Decedent”), and Jolene L. Cummins, appeal from the August 9, 2022 order sustaining the preliminary objections of Appellees RHJ Medical Center, Inc. (“RHJ”), Denise L. Shinsky, Keri A. […]

BAD FAITH-INVESTIGATION

Goldsmith v. Nationwide Ins. Co., 2023 U.S. Dist. LEXIS 197359 (November 2, 2023) (Mannion, J.). In this bad faith insurance claim case, defendant-insurer Nationwide felt Plaintiff William Goldsmith was not forthcoming with key details in its investigation into the alleged theft and arson of his car—such as when Goldsmith last saw the car or the […]

EVIDENCE-CLOSING ARGUMENT-GOLDEN RULE

Odgers v. Progressive N. Ins. Co., 2023 U.S. Dist. LEXIS 196483 (November 1, 2023) (Mariani, J.). With the Defendant’s Motion in Limine to Preclude Golden Rule Arguments, Defendant requests the Court to preclude Plaintiff, her counsel, or any representative to make reference to any of the following matters in the presence of the jury: a. […]