Schwartz v. Kelly Servs., Inc., 2024 Pa. Super. LEXIS 114, 2024 WL 1317062 (March 28, 2024) (Stabile, J.). This interlocutory appeal concerns the scope of an Arbitration Agreement between Appellant, Kelly Services, Inc. (Kelly), and Nancy M. Schwartz (Schwartz). It is undisputed that Schwartz retained Kelly to help her find a new teaching position, and […]
Category Archives: Summary Court Opinions
MEDICAL MALPRACTICE-SUMMARY JUDGMENT-EXPERT REPORTS
Nigon v. Jewell, 2024 Pa. Super. LEXIS 128 (April 9, 2024) (Murray, J.). Leslie Nigon, individually and as administratrix of the Estate of Thomas A. Nigon, deceased (the estate), appeals from the entry of summary judgment in favor of Thomas J. Malvar, M.D., individually and as a general partner of Malvar & Associates; Maritoni Malvar, […]
CONSTITUTIONAL LAW-CASE IN CONTROVERSY-MOOTNESS
Zuch v. Commissioner of Internal Revenue, No. 22-2244 (3d Cir. 2024) (Jordan, C.J.). When Congress grants taxpayers the right to challenge what the Internal Revenue Service says is owed to the government, Congress’s will prevails. The IRS cannot say that such a right exists only under the circumstances it prescribes. That ought to go without […]
PROCEDURE-NEW TRIAL-LOW DAMAGE VERDICT
Shook v. Lehigh Valley Rest. Grp., Inc., 2024 Pa. Super. LEXIS 119, 2024 WL 1451371 (April 4, 2024). BEFORE: DUBOW, J., KING, J., and LANE, J. Opinion by: DUBOW. Appellant, Lehigh Valley Restaurant Group, Inc. d/b/a Red Robin Gourmet Burgers and Brews (“Red Robin”), appeals from the June 21, 2023, order granting the post-trial motion […]
PENNSYLVANIA MINIMUM WAGE ACT OF 1968-EXEMPTIONS-OVERTIME
Bayada Nurses, Inc. v. Dep’t of Labor & Indus., 607 Pa. 527 (November 17, 2010). Judges: MADAME JUSTICE TODD. CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, GREENSPAN, JJ. Former Justice Greenspan did not participate in the decision of this case. Mr. Chief Justice Castille and Messrs. Justice Saylor, Eakin, Baer and McCaffery join the opinion. […]
ELECTIONS-MAIL IN BALLOT
Pa. State Conf. of NAACP Branches v. Sec’y Pa., 2024 U.S. App. LEXIS 7300 (3rd Cir. March 27, 2024) (Ambro, C.J.). Pennsylvania, like all other States, has devised a web of rules that qualified voters must follow to cast a ballot that will be counted. Mail-in and absentee voters, for their part, must sign and […]
CIVIL RIGHTS-STATE ACTION-FACEBOOK POSTING
Lindke v. Freed, 218 L. Ed. 2d 121 (March 15, 2024) (Barrett, J.). Like millions of Americans, James Freed maintained a Facebook account on which he posted about a wide range of topics, including his family and his job. Like most of those Americans, Freed occasionally received unwelcome comments on his posts. In response, Freed […]
CONTRACTS-SPECIFIC PERFORMANCE
Matthew 2535 Props., LLC v. Denithorne, 2024 Pa. Super. LEXIS 89, 2024 WL 1126110 (March 15, 2024) (Kunselman, J.). This case involves the sale of a restaurant which burned down after the parties signed a sales agreement but before they closed on the deal. A court of equity ordered specific performance – namely, that the […]
MOOTNESS
FBI v. Fikre, 2024 U.S. LEXIS 1379 (S. Ct. March 19, 2024) (Gorsuch, J.). Yonas Fikre, a U. S. citizen, brought suit alleging that the government placed him on the No Fly List unlawfully. Later, the government removed him from the list. The only question we are asked to decide is whether the government’s action […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-EXCLUSIONS-REGULAR USE EXCLUSION
Kuhn v. Liberty Mut. Ins. Co., 2024 U.S. Dist. LEXIS 48960 (E.D. Pa. March 20, 2024) (Perez, J.). Summary judgment granted for defendant as a result of the Pennsylvania Supreme Court’s decision in Rush. Kuhn was working as a Philadelphia police officer operating a vehicle owned by the city when he was involved in a […]
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