Pa. State Educ. Ass’n v. Pub. Sch. Employees’ Ret. Bd., 2024 Pa. LEXIS 421 (S. Ct. March 21, 2024) (Wecht, J.). This case finds that the PSEA has standing as an organization to challenge the determination of a state agency concerning that which may affect collective bargaining. The Pennsylvania State Education Association brought an action […]
Category Archives: Summary Court Opinions
STATUTE OF LIMITATIONS-LEGAL MALPRATICE
Poteat v. Asteak, 2024 Pa. Super. LEXIS 99 (March 21, 2024) (Dubow, J.). Appellant, Antoine Poteat, appeals pro se from the February 7, 2023 order entered in the Lehigh County Court of Common Pleas that sustained the preliminary objections filed by Appellees, Gary Asteak, Esq., and Nino v. Tinari, Esq., and dismissed his complaint for […]
PROCEDURE-AMENDMENT-RELATION BACK
Moore v. Walton, 2024 U.S. App. LEXIS 6713 (3rd Cir. March 21, 2024) (Scirica, C.J.). This case involves the relation back doctrine and whether Federal Rule of Civil Procedure 15(c)(1)(C)’s reference to “the period provided by Rule 4(m)” includes any “good cause” extensions granted under that rule. After the toilet in plaintiff Troy Moore, Sr.’s […]
NEGLIGENCE-CORPORATE LIABILITY-EXPERT TESTIMONY
Redos v. UPMC Susquehanna, Pa. No. 19-00528 (C.P. Lycoming February 29, 2024) (Carlucci, J.). 1. Defendants’ Motion to preclude testimony in support of Plaintiff’s claim of corporate liability is denied, without prejudice to Defendants’ ability to seek a directed verdict on that issue, unless either the corporate gross negligence is obvious, or the claim is […]
FAIR DEBT COLLECTION PRACTICES ACT-INFORMATION SHARING
Barclift v. Keystone Credit Servs., LLC, 2024 U.S. App. LEXIS 3796 (3rd Cir. February 16, 2024) (Freeman, C.J.). To facilitate its efforts to collect a debt, Keystone Credit Services, LLC (“Keystone”) sent Paulette Barclift’s personal information to a mailing vendor, RevSpring, which then mailed Keystone’s collection notice to Barclift. Barclift did not authorize Keystone’s communications […]
CONSTITUTIONAL LAW-FOURTEENTH AMENDMENT-SECTION 3-INSURRECTION OR REBELLION
Section 3 of the Fourteenth Amendment provides that no person may hold office who has engaged in insurrection or rebellion or given comfort or aid to the enemies of the U.S. Congress may vote by two-thirds of each House to remove such disability. This pertains to a person who seeks to hold office in the […]
RIGHT-TO-KNOW REQUEST-ELECTRONIC VOTING RECORDS-CVR
Honey v. Lycoming Cnty. Offs. of Voter Servs., 2024 Pa. Commw. LEXIS 71, 2024 WL 899749 (March 4, 2024) (Ceisler, J.). The majority opinion stated that under the Election Code, Section 308, records are discoverable “except the contents of ballot box and voting machines and records of assisted voters”. The question is whether that exception […]
CONSTITUTIONAL LAW-SECOND AMENDMENT-SHOOTING RANGES
Barris v. Stroud Twp., 2024 Pa. LEXIS 240 (February 21, 2024) (Dougherty, J.). The Second Amendment to the United States Constitution states: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” U.S. Const. amend. II. For the […]
WRONGFUL DISCHARGE-INTERFERENCE WITH CONTRACTUAL RELATIONSHIPS
Salsberg v. Mann, 2024 Pa. LEXIS 233, 2024 WL 696428 (February 21, 2024) (Brobson, J.). This discretionary matter concerns a claim brought by Cara Salsberg (Salsberg), a former at-will employee of Drexel University (University), against her former supervisor, Donna Mann (Mann), asserting that Mann intentionally interfered with Salsberg’s contractual relationship with Drexel by taking actions […]
ATTORNEY’S FEES-CONTRACTS-COVENANT NOT TO COMPETE
– Vinculum, Inc. v. Goli Techs., LLC, 2024 Pa. LEXIS 238, 2024 WL 697165 (February 21, 2024) (Brobson, J.). In this discretionary matter, we must decide whether Appellant Vinculum, Inc. (Vinculum) is entitled to recover attorney fees and lost-profit damages purportedly extending beyond a one-year, non-compete period that flowed from Goli Technologies, LLC’s (Goli LLC) […]
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