Appellant v. St. Joseph’s Preparatory Sch., 2024 Pa. Super. LEXIS 365 (Pa. Super., filed August 23,2024) (Lane, J.) Lawsuit by prep school employee. The Court found that a defamation claim was sufficient and should have gone to the jury. The contract was at will. PO should not have been granted on the defamation claim and […]
Category Archives: Summary Court Opinions
CIVIL RIGHTS-TITLE IX-SEXUAL ASSAULT
McAvoy v. Dickinson Coll., 2024 U.S. Dist. LEXIS 20732 (U.S. Ct. of Appeals, 3d Cir., August 16, 2024) (Chagares, J.) Claim of violation of Title IX, as a result of college failing to respond appropriately to investigate sexual assault in a timely and adequate manner. Summary judgement granted District Court and upheld by Third Circuit. […]
EMINENT DOMAIN-PUBLIC PURPOSE
Wolfe v. Reading Blue Mt., 2024 Pa. LEXIS 1209 (Pa. Super., August 20, 2024) (Dougherty, J.) We granted discretionary review to consider whether the Commonwealth Court correctly determined a railroad company’s taking of private property by eminent domain was for a public purpose, and thus allowed by applicable law. We conclude the record belies the […]
CIVIL RIGHTS-SIGNS ON ONES PROPERTY-STATE CONSTITUTION
Oberholzer v. Galapo, 2024 Pa. LEXIS 1219 (Pa. Super. for Court of Common Pleas, August 20, 2024) (Doughtery, J.) The question was whether signs decrying hatred and racism, placed by a Jewish family on their own lawn – after a neighbor called one of them a “fucking Jew,” were properly enjoined by the trial court. […]
PREEMPTION-ENVIRONMENTAL PROTECTION AGENCY
Schaffner v. Monsanto Corp., 2024 U.S. App. LEXIS 20597 (U.S. Ct. of App. 3d. Cir., August 15, 2024) (Chagares, J.) OPINION OF THE COURT CHAGARES, Chief Judge. This appeal presents the question of whether, once the Environmental Protection Agency (“EPA”) registers and approves a pesticide label that omits a particular health warning, a state-law duty […]
STATUTE OF LIMITATIONS-PRISONER LAW-BIVENS ACTION
Fisher v. Hollingsworth, 2024 U.S. App. LEXIS 20598 (U.S. Ct. of App. 3d. Cir., August 15, 2024) (Hardiman, J.) OPINION OF THE COURT HARDIMAN, Circuit Judge. This appeal involves an inmate seeking to recover damages from federal prison officials because of sexual assaults committed by another inmate. Consistent with the Supreme Court’s opinion in Egbert […]
CIVIL RIGHTS-TITLE VI-RELIGIOUS DISCRIMINATION-ANTISEMITISM
Kestenbaum v. President & Fellows of Harvard Coll., 2024 U.S. Dist. LEXIS 139180 (U.S. Dist. Ct. for Dist. of Mass., August 6, 2024) (Stearns, J.) In this case, a Motion to Dismiss ungranted and denied each in part. The court found that there was standing, including associational standing. The court will not rule on whether […]
PROCEDURE-JURISDICTION-PERSONAL JURISDICTION
Kennedy v. Crothall, 2024 Pa. Super. LEXIS 336 (Pa. Super, Ct., August 7, 2024) (Colins, J.) Trial court dismissed GE defense for lack of personal jurisdiction. The court also granted Motion to Dismiss for forum non conveniens filed by Defendant Crothall Healthcare, Inc. The Superior Court affirmed both. J.F. sustained injuries during a tonsillectomy and […]
CONTRACTS-INDEMNITY-GAS STATION
Sunoco R&M, LLC & Sunoco, LLC v. Penn. National Insurance, Superior Court of Pennsylvania decided August 7, 2024. In this case indemnification contract in a franchise agreement was discussed. Also, right to have a defense from Penn National was in question. Penn National’s entitled to Summary Judgement on the claim of indemnification. There is no […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM BENEFITS
Eberly v. LM Gen. Ins. Co., United States Court of Appeals for the Third Circuit filed August 1, 2024. OPINION SCIRICA, Circuit Judge In this action for underinsured motorist (“UIM”) benefits, the sole issue on appeal is whether a “regular use” exclusion in plaintiff/appellant Cynthia G. Eberly’s policy issued by defendant/appellee LM General Insurance Co. […]
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