McAleer v. Geisinger Med. Ctr., 332 A.3d 38 (January 28, 2025) Panella, J. 332 A.3d 38 *; 2025 Pa. Super. LEXIS 45 **; 2025 PA Super 25; 2025 LX 46739 Subsequent History: Rehearing denied by McAleer v. Geisinger Med., 2025 Pa. Super. LEXIS 157 (Apr. 1, 2025) Appeal denied by McAleer v. Geisinger Med. Ctr., […]
Category Archives: Summary Court Opinions
NEGLIGENCE – RELEASE – MINORS RELEASE – ASSUMPTION OF RISK – PARTICIPATION AGREEMENT – RELEASE AND ASSUMPTION OF RISK
Santiago v. Philly Trampoline Park, LLC I/P/A Sky Zone, 2025 Pa. LEXIS 1501 (September 25, 2025) Donohue, J. Judges: TODD, C.J., DONOHUE, DOUGHERTY, WECHT, MUNDY, BROBSON, McCAFFERY, JJ. Chief Justice Todd and Justices Wecht, Mundy and McCaffery join the opinion. Justice Brobson files a concurring and dissenting opinion in which Justice Dougherty joins. Opinion by: […]
PROCEDURE – JURISDICTION – VENUE – PROXLIABILITY
Pickering v. Associated Realty Prop. Mgmt., Inc., 2025 Pa. Super. LEXIS 426 (September 18, 2025) Kunselman, J. · This case was transferred to Centre County. The question was whether the defendants regularly conduct business in a county should make a difference. Pennsylvania Trial Courts have allowed discretion and determining if venue is proper based on […]
TRADE SECRETS – MISAPPROPRIATION – UNFAIR COMPETITION – DAMAGES
Harbor Bus. Compliance Corp. v. Firstbase.io, Inc., 2025 U.S. App. LEXIS 22073 (August 18, 2025) Fisher, Circuit Judge. Judges: Hardiman, Bibas and Fisher. Firstbase.io, Inc. and Harbor Business Compliance Corporation formed a temporary partnership to develop a software product for Firstbase. After the partnership fell apart and Firstbase independently took over the product, Harbor sued […]
CIVIL RIGHTS – SEX AND RACIST CRIMINATION – APPEAL – EXHAUSTION OF ADMINISTRATIVE REMEDIES – STATUTE OF LIMITATIONS – HEARSAY – 1981 CLAIM
Jones v. Foods on First III Inc., 2025 Pa. Super. LEXIS 386 (August 26, 2025) Bowes, J. OPINION BY BOWES, J.: Foods on First III, Inc., d/b/a Foods on First; Foods on First VI, Inc., d/b/a Foods on First; Manuel Salazar; and Aldo Salazar (collectively “Defendants”) appeal from the judgment finding in favor of Najaea […]
PUBLIC UTILITIES – ELECTRICITY – SUPREMACY CLAUSE – PREEMPTION
Transource Pa., LLC v. Defrank, 2025 U.S. App. LEXIS 22972 (September 5, 2025) McKee, J. Before: SHWARTZ, MATEY, and McKEE, Circuit Judges. McKEE, Circuit Judge. This appeal arises from an order of the Pennsylvania Public Utility Company denying plaintiff-appellee Transource Pennsylvania LLC’s applications to build electricity-transmission lines in Pennsylvania. Transource’s applications were part of a […]
MEDICAL MALPRACTICE – IN-HOME CAREGIVER – NEGLIGENCE – LIFTING AND MOVING PATIENTS
Fisher v. Gingerich, 2025 Pa. Super. Unpub. LEXIS 2205 (August 27, 2025) Stevens, P.J.E. OPINION BY STEVENS, P.J.E. Plaintiffs/Appellants, Mary and Brett Fisher, (hereinafter “Appellants”) appeal from the order of the Court of Common Pleas of Perry County granting summary judgment in favor of Donna Gingerich, Defendant/Appellee, and dismissing the matter with prejudice. This case […]
MEDICAL MALPRACTICE – HOME HEALTH CARE – COVID-19 – PREP ACT – HOME HEALTH CARE WORKERS – IMMUNITY
Boyle v. Meyer, 2025 Pa. Super. LEXIS 410 (September 9, 2025) Lane, J. BEFORE: McLAUGHLIN, J., LANE, J., and BENDER, P.J.E. OPINION BY LANE, J. Judith Meyer (“Meyer”) and OSPTA @HOME, LLC d/b/a OSPTA Home Care & Hospice (“OSPTA”) (collectively, “Defendants”) appeals from the order denying their motion for judgment on the pleadings in this […]
SETTLEMENT – RELEASE
West v. Abington Mem’l Hosp., 2025 Pa. Super. LEXIS 390 (August 28, 2025) Bowes, J. BEFORE: BOWES, J., OLSON, J., and McLAUGHLIN, J. OPINION BY BOWES, J. // DISSENTING OPINION BY McLAUGHLIN, J. Sean West and Amy West, as parents and natural guardians of Juliana West, a minor, individually and in their own right (collectively […]
CONSTITUTIONAL LAW – FIRST AMENDMENT – SPEECH – OFF CAMPUS SPEECH
Jorjani v. N.J. Inst. of Tech., 2025 U.S. App. LEXIS 23109 (September 8, 2025) Matey, Circuit Judge. Before: KRAUSE, MATEY, and PHIPPS, Circuit Judges. MATEY, Circuit Judge. New Jersey Institute of Technology declined to renew a lecturer’s contract based on his private comments about race, politics, and immigration. But NJIT’s regulation of speech outside the […]