Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) Nursing home resident signed arbitration clause and Court found that it is procedurally and substantively unconscionable. First, the Court finds that Ms. Curtin, did not have the legal capacity to sign […]
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INJUNCTION-PRELIMINARY INJUNCTION-EVICTION NOTICE
INJUNCTION-PRELIMINARY INJUNCTION-EVICTION NOTICE Susquehanna Legal Aid v. Winkelman, No. CV-2024-01041 (October 11, 2024)(Carlucci, J.) Judge Carlucci denied preliminary injunction saying that the criteria were not met. The preliminary injunction was sought by Plaintiff’s legal services. Defendant was Winkelman, owner of the Pajama Factory. The preliminary objection request was dismissed without prejudice to refile. The city […]
ARBITRATION-MINOR CHILDREN, PARENT BINDING A MINOR CHILD TO ARBITRATION AGREEMENT
Santiago v. Philly Trampoline Park, LLC, 2023 Pa. Super. LEXIS 110 (March 21, 2023) (Bowes, J.) In these separate appeals, we are tasked with deciding an issue of first impression in Pennsylvania: whether a parent’s role as natural guardian entitles the parent to bind a minor child to an arbitration agreement and waive that child’s […]
PROCEDURE-DISCOVERY-BAD FAITH
Butler v. Scranton Manufacturing Company, Pa. No. 18 CV 5167 (C.P. Lackawanna January 28, 2022) (Nealon, J.) A Dunmore Borough refuse collector, who was riding a garbage truck on its rear “riding step” that allegedly snapped and detached from the truck while moving and caused him to suffer serious head injuries, commenced this products liability […]
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CIVIL RIGHTS-JOB DISCRIMINATION-RACE Castleberry v. Sti Group, 2017 U.S. App. LEXIS 12611 (3rd Cir. July 14, 2017) Ambro, C.J. Castleberry and Brown brought suit asserting that their termination was racially motivated, citing to various examples of discrimination such as remarks made at the workplace and unfair work treatment. The District Court dismissed their complaint. Because […]