Wolfe v. Avena (In re Avena), 2024 U.S. App. LEXIS 2670, 2024 WL 442071 (3d Cir. February 6, 2024) (Porter, C.J.). Adrian Avena and Aaron Greenberg were fishing off the coast of New Jersey when their boat partially capsized. Tragically, Greenberg drowned before the U.S. Coast Guard or others arrived to their rescue. Greenberg’s estate […]
Category Archives: Summary Court Opinions
ARBITRATION-EMPLOYMENT-PERSONAL INJURY ACTION
McCrossin v. Comcast Spectacor, LLC, 2024 Pa. Super. LEXIS 33 (February 6, 2024) (Colins, J.). Appellants, Comcast Spectacor, LLC (Comcast Spectacor) and FPS Rink, L.P. (FPS) (collectively, Defendants), appeal an order of the Court of Common Pleas of Philadelphia County (trial court) overruling their preliminary objections seeking arbitration in a personal injury action brought by […]
PROCEDURE-VENUE-FORUM NON CONVENIENS
James v. Wal-Mart Distrib. Ctr. , 2024 Pa. Super. LEXIS 31, 2024 WL 389020 (February 2, 2024) (Dubow, J.). Appellant Elaine James seeks review of an order transferring venue of a slip and fall case in Philadelphia, Lehigh County, based on forum non conveniens. The court reversed. Ms. James was working for a contractor at […]
CONSTITUTIONAL LAW-FIRST AMENDMENT-MASKING POLICY
Falcone v. Dickstein, 2024 U.S. App. LEXIS 2522 (3rd Cir. February 25, 2024) (Ambro, J.). In the wake of the COVID-19 pandemic, federal, state, and local governments scrambled to implement policies to control the spread of the disease. These measures—which included mandates to wear face masks in public indoor spaces such as schools, businesses, and […]
PROCEDURE-CONSOLIDATION-EMPLOYER IN LITIGATION
Austin v. Lehigh & Northampton Transp. Auth., 2024 Pa. Commw. LEXIS 36, 2024 WL 270406 (January 25, 2024) (Jubelirer, P.J.). Rodney Austin (Austin) appeals from the Court of Common Pleas of Lehigh County’s (trial court) entry of judgment against him. Austin and his wife, Kimberly Moser, sued the Lehigh and Northampton Transportation Authority (LANTA) and […]
ABORTION-CONSTITUTIONALITY
Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs., 2024 Pa. LEXIS 118 (Jan. 29, 2024) (Donohue, J.). Supreme Court, in a lengthy opinion, overrules Commonwealth Court’s grant of preliminary objections. The court overruled the Fisher case, holding relative to Article I, Section 26. With the benefit of an Edmunds analysis, it becomes clear […]
FINANCIAL RESPONSIBILITY LAW
Rush v. Erie Ins. Exch., 2024 Pa. LEXIS 123 (January 29, 2024) (Donohue, J.). This appeal requires the Court to determine whether a “regular use” exclusion contained in a motor vehicle insurance policy violates the express language of the Motor Vehicle Financial Responsibility Law (“MVFRL”). We hold that as presented in this case, the “regular […]
MEDICAL MALPRACTICE-ESTOPPEL-JUDICIAL ESTOPPEL
N.T. v. Child.’s Hosp. of Phila., 2024 Pa. Super. LEXIS 19, 2024 WL 271430 (January 25, 2024) (Colins, J.). Judges: BEFORE: OLSON, J., STABILE, J., and COLINS, J. OPINION BY COLINS, J.: Appellant, N.T. (Minor), by and through Mary Jane Barrett, Esquire, guardian of her estate, appeals from an order of the Philadelphia County Court […]
FEDERAL TORT CLAIMS ACT-GOVERNMENT SEIZURE OF MONEY
Bah v. United States, 2024 U.S. App. LEXIS 1157 (3d Cir. January 18, 2024) (Porter, C.J.). Appellant Bah was a U.S. citizen, originally from Sierra Leone. He was stopped by police, who found that he was carrying cash. He was detained and then released, but U.S. Customs and Border Protection seized the cash. The money […]
CONSTITUTIONAL LAW-SECOND AMENDMENT-GUNS-MINORS
Lara v. Comm’r Pa. State Police, 2024 U.S. App. LEXIS 1159 (3d Cir. January 18, 2024) (Jordan, C.J.) Through the combined operation of three statutes, the Commonwealth of Pennsylvania effectively bans 18-to-20-year-olds from carrying firearms outside their homes during a state of emergency. Madison Lara, Sophia Knepley, and Logan Miller, who were in that age […]