Stackhouse v. Gough, 2024 Pa. 00967 (Pa. Super. June 24, 2024) (Carlucci, J.) Stackhouse v. Gough, Superior Court of Pennsylvania decided, June 24, 2024. In a construction case defendants cannot introduce evidence of defendant’s good reputation, nor can defendants introduce evidence regarding defendants’ reputation for being truthful. However, if a plaintiff introduces any evidence on […]

Rockey v. Stearns, 2024 Pa. 00791 (Pa. Super. February 21, 2024) (Carlucci, J.) Rockey v. Stearns, Superior Court of Pennsylvania decided, February 21, 2024. Motion limine granted part and denied in part. A lay witness cannot say that a railing collapse was caused by some specific force or other matters requiring unique scientific technical or […]

Commonwealth v. Stevenson, 2024 Pa. LEXIS 1061 (U.S. Supr. Ct. July 22, 2024) (Brobson, J.) Commonwealth v. Stevenson, United States Supreme Court decided July 22, 2024. The question is this case is whether the state should follow the federal rule. The federal rule is that Ohler v. U.S., 529 U.S 753, 760 (2000) in the […]

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 […]