Panzarella v. Navient Sols., Inc., 2022 U.S. App. LEXIS 16324 (3rd Cir. June 14, 2022) (Rendell, C.J.) Elizabeth and Joshua Panzarella (“the Panzarellas”) sued Navient Solutions, LLC (“Navient”), claiming that, among other things, Navient violated the Telephone Consumer Protection Act of 1991, 47 U.S.C. § 227 (the “TCPA”). The Panzarellas assert that Navient called their […]
Tag: Miscellaneous
LITTLE LEAGUE-PRINCIPAL AGENT
Thomas v. Little League Baseball, Pa. No. 21-00260 (C.P. Lycoming May 11, 2022) (Linhardt, J.) Waverly Little League in NY banned a player. The plaintiff then sued Little League International. The court dismissed the matter, saying that there was no agency relationship and that none of the rules of Little League International would have applied […]
ERISA-STANDING
Boley v. Universal Health Servs., 2022 U.S. App. LEXIS 15001 (3rd Cir. June 1, 2022) (Scirica, C.J.) In this interlocutory appeal, fiduciaries of a retirement plan appeal the District Court’s certification of a class of participants who allege the fiduciaries breached their duty under the Employee Retirement Income Security Act of 1974 (“ERISA”). At issue […]
VETERANS-CLEAR AND UNMISTAKABLE ERROR
George v. McDonough, 2022 U.S. LEXIS 2944 (June 15, 2022) (Barrett, J.) Veterans may claim benefits for disabilities connected to their military service subject to statutory and regulatory requirements. When the Department of Veterans Affairs (VA) denies a benefits claim, that decision generally becomes final after the veteran exhausts the opportunity for direct appeal. But […]
FEDERAL TORT CLAIMS ACT-CORPORATE LIABILITY
Boyle v. United States, 2022 U.S. Dist. LEXIS 98006 (E.D. Pa. June 1, 2022) (Pratter, J.) This case deals with corporate liability under the Federal Tort Claims Act. The court examined the duty of care of the individuals and the statute. Ultimate rule that although plaintiff’s expert was not competent under Mcare to testify on […]
SUBROGATION-MEDICAID-STATE PAYMENTS
Gallardo v. Marstiller, 2022 U.S. LEXIS 2683 (June 6, 2022) (Thomas, J.) JUSTICE THOMAS delivered the opinion of the Court. Medicaid requires participating States to pay for certain needy individuals’ medical costs and then to make reasonable efforts to recoup those costs from liable third parties. Consequently, a State must require Medicaid beneficiaries to assign […]
IRS-FILING DATES-EQUITABLE TOLLING
Boechler, P.C. v. Commissioner of Internal Revenue, 2022 U.S. LEXIS 2095 (S. Ct. April 21, 2022) (Barrett, J.) The Internal Revenue Service can seize taxpayer property to collect tax debts. Before it does so, however, the taxpayer is typically entitled to a “collection due process hearing”—a proceeding at which the taxpayer can challenge the levy […]