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 […]
Category Archives: Summary Court Opinions
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-SINGLE VEHICLE-FRAUD
Hudson v. AAA Ins. Co., 2023 U.S. Dist. LEXIS 205151, 2023 WL 7928679 (E.D. Pa. November 16, 2023) (McHugh, U.S. D.J.) Plaintiff was struck by a motor vehicle while a pedestrian in a crosswalk. Plaintiff settled with the tortfeasor and sought underinsurance from her insurance carrier, AAA Insurance Company. She was insured with a single […]
ATTORNEY’S FEES-SANCTIONS-VEXATIOUS LAWSUIT
In re Nomination Petition of Doyle, 2023 Pa. LEXIS 1570, 2023 WL 8102119 (S. Ct. November 22, 2023) (Todd, C.J.) The following participants shall be entitled to a reasonable counsel fee as part of the taxable costs of the matter: * * * (7) Any participant who is awarded counsel fees as a sanction against […]
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. […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE
Tibbitt v. Eagle Home Insps., LLC, 2023 Pa. Super. LEXIS 506 (October 30, 2023) (Lazarus, J.). Erin D. Tibbitt (f/k/a Erin D. Miller) appeals from the order, entered in the Court of Common Pleas of Allegheny County, dismissing all of her claims against Appellee Eagle Home Inspections, LLC (Eagle), and entering judgment on the pleadings […]
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. […]
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