Jordan v. Lynde, 2024 Pa. Super. LEXIS 565 (Pa Superior Ct., December 31, 2024)(Kunselman, J.) OPINION BY KUNSELMAN, J.: In this medical-malpractice action, Joanne and Stephen Jordan appeal from the order granting summary judgment to the Defendants, Michael Lynde, D.P.M.; Penn Hematology and Oncology; John Youssef, M.D.; and Youval Katz, M.D. Because the Jordans were […]
Category Archives: Summary Court Opinions
INSURANCE-CONTRACTS-HOMEOWNERS-WATER LEAK-WEAR AND TEAR
Kalili v. State Farm Fire & Cas. Co., 2024 Pa. Super. LEXIS 562(PA Superior Ct., December 26, 2024)(Sullivan J.) OPINION BY SULLIVAN, J.: Paiea Kalili (“Kalili”) appeals from the grant of summary judgment in favor of State Farm Fire and Casualty Company (“State Farm”). We affirm. The trial court described the underlying facts: [Kalili] owns […]
INSURANCE-FINANCIAL RESPONSIBILITY-LAW-UIM/UIM COVERAGE-ONE VEHICLE-BENEFIT OF STACKING
Higgins v. Nationwide Affinity Ins. Co. of Am., 2024 Pa. Super. LEXIS 561(Pa. Superior Ct., December 26, 2024)(Sullivan, J.) OPINION BY SULLIVAN, J.: Marquita Higgins (“Higgins”) individually and on behalf of similarly situated persons appeals from the grant of summary judgment in favor of Nationwide Affinity Insurance Company of America (“Nationwide”). We affirm. Higgins is […]
INSURANCE -FINACIAL RESPONSIBILITY LAW-UIM-STACKING-HOUSEHOLD EXCLUSION
Erie Ins. Exch. v. Baluch, Pa. Super. LEXIS 3 (Pa. Superior Ct., January 3, 2025)(Panella, PJE) OPINION BY PANELLA, P.J.E.: The issue in this case is whether an insured is entitled to stacked UIM benefits although another household policy excludes vehicles that are insured under the policy from the definition of “underinsured motor vehicles.” We […]
WORKERS COMPENSATION-LIEN-SUBROGATION-BAD FAITH SUBROGATION-BAD FAITH-LIENS
Mondragon v. Jo Jo Pizza (Workers’ Comp. Appeal Bd.), 2025 Pa. Commw. LEXIS 6 (Pa. Commonwealth Ct., January 6, 2025)(McCollough, J.) Employer allegedly engaged in bad faith settlement negotiations during the pendency of a tort action by declining to compromise the amount of its subrogation lien. Claimant contends that employer therefore has forfeited its right […]
MEDICAL MALPRACTICE-DAMAGES-ZERO DAMAGE AWARD
Derbyshire v. Jefferson Frankford Hosp., 2024 Pa. Super. LEXIS 553 (PA Superior Ct., December 20, 2024)(Stabile, J.) OPINION BY STABILE, J.: Appellant, Carol Derbyshire f/k/a Prosper, appeals from a judgment entered against her and in favor of Appellee Aria Health1 in this personal injury action. Prior to trial, a motions judge struck Appellee’s answer to […]
PROCEDURE-DOE OR PSUEDONYM NAMES
Landau v. Corp. of Haverford Coll., U.S. Dist. LEXIS 225714 (Pa. Eastern Dist. Ct., December 13, 2024) (McHugh, J.) This federal case discusses when property pseudonym names is under the authority of Megless 654f 3d. at 408. In this case Defendants did not oppose use of pseudonym names. Motions granted in part. HJSB and HJSC […]
JOINT UNDERWRITING ASSOCIATION-STATE OR PRIVATE AGENCY?
Pa. Pro. Liability Joint Underwriting Ass’n v. Governor of Pennsylvania, 2024 U.S Dist. LEXIS 31801 (U.S. Dist. Ct. of App., 3d. Cir., December 16, 2024) (Jordan, J.) JORDAN, Circuit Judge. Nearly fifty years ago, in response to a medical malpractice [*2] insurance crisis in the state, the General Assembly of the Commonwealth of Pennsylvania established […]
CONTRACT-UNJUST ENRICHMENT-QUANTUM MERUIT
Kumud Hospitality v. SSN Williamsport, No. CV 24-00, 087 (Ct. of Common Pleas of Lyco. Co., Pa., November 25, 2025) (Linhardt, J.) Plaintiffs Dineshkumar Jadav and Kumud Hospitality LLC commenced this action by Complaint filed on January 22, 2024, against Defendants SSN Williamsport LLC, SSN Hotel Management LLC, Piyush Bhaisadswala a/k/a Peter Bhai, and Pinky […]
PROCEDURE-PRELIMINARY OBJECTIONS-DEMURE
Kleinbard LLC v. Off. of the DA of Lancaster County, 2024 LEXIS 1848 (Pa. Super., December 17, 2024) (Dougherty, J.) JUSTICE DOUGHERTY We granted discretionary review to consider whether the Commonwealth Court correctly sustained preliminary objections and rejected as a matter of law the claim of a law firm to payment for services rendered to […]
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