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 […]
Category Archives: Summary Court Opinions
WAGE PAYMENT AND COLLECTION LAW-DAMAGES
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 […]
NEGLIGENCE-EMOTIONAL DISTRESS-INTERFERENCE WITH A DEAD BODY
Rouse v. Rosenberg, 2023 Pa. Super. LEXIS 202 (May 15, 2023) (Pellegrini, J.). This case involves a cause of action for emotional distress resulting from interference with a dead body. Under § 868 of the First Restatement of Torts, as adopted by our Supreme Court in Papieves v. Lawrence, 437 Pa. 373, 263 A.2d 118, […]
ZONING-STANDING
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 […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-SUBROGATION-WORKERS’ COMPENSATION-HLA BENEFITS
Alpini v. Workers’ Comp. Appeal Bd. (Tinicum Twp.), 2023 Pa. LEXIS 684 (S. Ct. May 16, 2023) (Brobson, J.). Section 1720 of the Motor Vehicle Financial Responsibility Law (MVFRL), 75 Pa. C.S. § 1720, provides, in relevant part that, “[i]n actions arising out of the maintenance or use of a motor vehicle, there shall be […]
MEDICAL MALPRACTICE-CORPORATE NEGLIGENCE
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
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
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 […]
WRONGFUL DISCHARGE-WHISTLEBLOWER-PENNSYLVANIA STANDARD
Javitz v. Luzerne County, 2023 Pa. LEXIS 644 (S. Ct. May 5, 2023) (Donohue, J.). In this discretionary appeal, we consider the standard that a plaintiff must meet in order to establish a prima facie claim under Pennsylvania’s Whistleblower Law and whether the Commonwealth Court erred in its application of that standard. As explained in […]
LANDOWNERS LIABILITY-SLIP AND FALL-LIEN-MEDICAL BILLS
Chavers v. 1605 Valley Ctr. Pky, L.P., 2023 Pa. Super. LEXIS 169, 2023 WL 3138071 (April 28, 2023) (Murray, J.). Appellant Kalevelyn Chavers appealed from a $202,814.23 judgment following a verdict against 1605 Valley Center. The court vacated in part and remanded with instructions. This was a lawsuit where appellant tripped on exposed wires at […]