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Category: Summary Court Opinions

Category Archives: Summary Court Opinions

DISCOVERY-EXPERT REPORTS-PRIVILEGE-PREPARATION IN ANTICIPATION OF LITIGATION

Posted on May 25, 2023 - 3:09 pm by

Cardinal Midstream II, LLC v. Energy Transfer LP, 2023 Pa. Super. LEXIS 204 (May 16, 2023) (Pellegrini, J.). The substantive issue in this appeal concerns whether engineering reports required by governmental agencies are privileged work product when prepared at the direction of corporate counsel. The Appellants (Energy Transfer LP, F/K/A Energy Transfer Operating, L.P., F/K/A […]

WAGE PAYMENT AND COLLECTION LAW-DAMAGES

Posted on May 25, 2023 - 3:08 pm by

Aita v. NCB Mgmt. Servs., 2023 Pa. Super. LEXIS 201 (May 15, 2023) (Pellegrini, J.). NCB Management Services, Inc. (NCB) and Marcelo Aita (Aita) cross-appeal from the order of the Court of Common Pleas of Bucks County (trial court) denying NCB’s motion for summary judgment and granting Aita’s cross-motion for summary judgment, which awarded Aita […]

ZONING-STANDING

Posted on May 25, 2023 - 2:13 pm by

South Bethlehem Assocs., LP v. Zoning Hearing Bd. of Bethlehem Twp., 2023 Pa. LEXIS 683 (S. Ct. May 16, 2023) (Mundy, J.). In this discretionary appeal, a local zoning board granted a request for variances needed by a property owner to build a hotel on the subject property. The owner of a competing hotel, who […]

MEDICAL MALPRACTICE-CORPORATE NEGLIGENCE

Posted on May 25, 2023 - 2:11 pm by

Young v. UPMC Williamsport, Pa. No. CV-22-00866 (C.P. Lycoming (April 11, 2023) (Linhardt, J.). Plaintiff commenced this medical malpractice action by filing a Complaint on September 1, 2022, and filed an Amended Complaint on December 6, 2022. Essentially, Plaintiff alleges that UPMC’s delay in diagnosing and addressing the cause of his gastrointestinal symptoms increased his […]

NUISANCE-PUBLIC NUISANCE-LEAD PAINT

Posted on May 25, 2023 - 1:46 pm by

Atlantic Richfield Co. v. Cnty. of Montgomery, 2023 Pa. Commw. LEXIS 57 (May 5, 2023) (Ceisler, J.). Atlantic Richfield Company, E.I. du Pont de Nemours and Company, NL Industries, Inc., PPG Industries, Inc., and The Sherwin-Williams Company (together, Manufacturers) appeal from the October 15, 2021 Order of the Court of Common Pleas of Montgomery County […]

ARBITRATION-STOCK BROKERS

Posted on May 25, 2023 - 1:45 pm by

Carvell v. Edward D. Jones & Co., L.P., 2023 Pa. Super. LEXIS 178 (May 5, 2023) (Bender, P.J.E.). After reviewing arbitration agreement, the court said that it was satisfied with the first prong of the test for determining whether arbitration should have been compelled has been met. The question was whether the estate’s crossclaims were […]