Garced v. United Cerebral Palsy of Phila., 2023 Pa. Super. LEXIS 583 (December 7, 2023) (Stabile, J.). BEFORE: STABILE, J., MCCAFFERY, J. and PELLEGRINI, J. OPINION BY STABILE, J. In this civil action, Appellants Samuel Garced (“Mr. Garced”) and Gladys Delgado-Garced (“Mrs. Garced”) allege that Mr. Garced suffered injuries from exposure to a disinfectant cleaner […]

Odgers v. Progressive N. Ins. Co., 2023 U.S. Dist. LEXIS 196483 (November 1, 2023) (Mariani, J.). With the Defendant’s Motion in Limine to Preclude Golden Rule Arguments, Defendant requests the Court to preclude Plaintiff, her counsel, or any representative to make reference to any of the following matters in the presence of the jury: a. […]

Brandywine v. Brandywine Vill. Assocs., 2023 Pa. Super. LEXIS 336 (July 28, 2023) (Stevens, P.J.E.) Waiver based on placing attorney-client communications in issue is not limited to situations where the party specifically pleads reliance on advice of counsel or actually relies on privileged or protected documents and can also be found based on a party’s […]

Samia v. United States, 2023 U.S. LEXIS 2637 (S. Ct. June 23, 2023) (Thomas, J.) Prosecutors have long tried criminal defendants jointly in cases where the defendants are alleged to have engaged in a common criminal scheme. However, when prosecutors seek to introduce a nontestifying defendant’s confession implicating his codefendants, a constitutional concern may arise. […]

In re Trust Established, 2022 Pa. Super. LEXIS 227 (May 23, 2022) (Murray, J.)  A trustee cannot withhold from any beneficiary documents regarding the management of the trust, including opinions of counsel procured by the trustee to guide the trustee in the administration of the trust, because trust law imposes a duty to make these […]

Family v. Pennenergy Resources, 2022 Pa. Super. LEXIS 182 (April 29, 2022) (McCaffery, J.)  In this oil and gas lease/breach of contract matter, Dressler Family, LP (Appellant) appeals from the order entered in the Butler County Court of Common Pleas, granting summary judgment in favor of PennEnergy Resources, LLC, as Successor in Interest to R.E. […]

Lattaker v. Magee Women’s Hospital of UPMC, No. GD-13-021120 (C.P. Allegheny July 5, 2016) Wettick, J.  This is another Judge Wettick opinion in which he steps back on his controversial opinion in McLane v. Valley Medical Facilities, Inc., 157 P.L.J. 252 (C.P. Allegheny Cnty. 2009).  In this opinion, Judge Wettick says that nothing in the […]

Davis v. Byron Wright, 2017 Pa. Super. LEXIS 130; 2017 PA Super. 48 (February 27, 2017) Stevens, P.J.E. The lower court properly ruled as a matter of law that there was no waiver of the protection of the Dead Man’s Statute.  Therefore, surviving adverse parties were not competent to testify at trial regarding the circumstances […]

The Procedure for Precomplaint Discovery and Protective Orders Tullytown Borough v. Armstrong, 129 A.3d 619 (Pa. Cmwlth. 2015).  Tullytown Borough appealed from an order of the Court of Common Pleas denying the Borough’s motion for protective order.  The Commonwealth Court affirmed.  The plaintiffs filed a writ of summons commencing a civil rights action under § […]