Villarreal v. Texas, 2026 U.S. LEXIS 1103 (February 25, 2026) This Supreme Court case deals with a situation where testimony of a witness is interrupted by the overnight. Since it is a criminal case and a federal case, it really addresses the sixth amendment but is useful in civil cases in state court as well. […]
Tag: Procedure
PROCEDURE – DELAYED DAMAGES – DAMAGES
Arreguin v. Kinsing, 2025 Pa. Super. LEXIS 591 (December 23, 2025) Dubow, J. Maria Esther Arreguin (“Ms. Arreguin”), on behalf of her minor child, P.A.B. (“Son”), appeals from the trial court’s denial of her motion for delay damages after the trial court entered judgment in her favor in this personal injury action against Charles Kinsing […]
PROCEDURE – CLASS ACTION – CONTRACT – REIMBURSEMENT OF MONEY DUE TO COVID – COLLEGES AND UNIVERSITIES – COVID REIMBURSEMENT
Michael James Lawson, Jr., Tara Lawson v. Pennsylvania College of Technology (December 26th, 2024) Linhardt, J. Court of Common Pleas of Lycoming County, PA (No. CV 21-01,134) Plaintiff seeks reimbursement of money paid to Pennsylvania College of Technology because of classes being cancelled by COVID is essentially a breach of contract. The case was sent […]
PROCEDURE – AMENDMENT TO COMPLAINT
Oxford House, Inc. v. Twp. of N. Bergen, 2025 U.S. App. LEXIS 27888 (October 24, 2025) Krause, J. Judges: Before: KRAUSE, BIBAS, and MONTGOMERY-REEVES, Circuit Judges. Opinion by: KRAUSE Drafting a complaint can be a challenging enterprise. Plaintiffs often believe that they have set out sufficient factual allegations to state a claim and commence their […]
ARBITRATION – PROCEDURE – OBJECTIONS – EVIDENTIARY MATERIAL – PLEADING
O’Shea v. Loyalsock Rehab. Ctr., LLC., 2025 Pa. Dist. & Cnty. Dec. LEXIS 57 (July 12, 2025) NO. 2023-01142 Second, Defendants’ demand for arbitration is untimely. Defendants’ demand for arbitration was not asserted through the first two sets of Preliminary Objections and was not raised until the parties had engaged in many months of discovery. […]
PROCEDURE – PLEADING – SPECIFICITY – MED MALPRACTICE – CORPORATE LIABILITY – AGENCY – REGULATIONS
Dawes vs. The Williamsport Home (June 6, 2025) Carlucci, J. NO. 2025-00381 Plaintiffs’ Complaint, filed March 19, 2025, is 85 paragraphs long, and asserts claims in four (4) counts. The gravamen of Plaintiffs’ claim is that Ronald Dawes received negligent care from the Defendant regarding his thoracic surgical wound. At Count I, Plaintiffs assert a […]
MEDICAL MALPRACTICE – PROCEDURE – TRIAL ISSUES – EVIDENCE – LEARNED TREATISE – TREATING PHYSICIAN
Outterbridge v. Abington Mem’l Hosp., 2025 Phila. Ct. Com. Pl. LEXIS 4 (September 12, 2024) Foglietta, J. Opinion by Judge Angelo J. Foglietta. This is the appeal of Plaintiff Darren Outterbridge, individually and as administrator of the estate of Yhvetta P. Outterbridge, following a jury’s determination that Defendants Abington Memorial Hospital, Suzanne Shorten, M.D., Kenneth […]
PROCEDURE – JURISDICTION – LEGAL MALPRACTICE
Dumond, Inc. v. Galgano, 2025 Pa. Super. LEXIS 429 (September 19, 2025) Lazarus, P.J. Judges: BEFORE: LAZARUS, P.J., McLAUGHLIN, J., and SULLIVAN, J. OPINION BY LAZARUS, P.J. Dumond, Inc., and Dumond Chemicals, Inc. (collectively, Dumond), appeal from the order, entered in the Court of Common Pleas of Philadelphia County, granting the preliminary objections filed by […]
PROCEDURE – JURISDICTION – VENUE – PROXLIABILITY
Pickering v. Associated Realty Prop. Mgmt., Inc., 2025 Pa. Super. LEXIS 426 (September 18, 2025) Kunselman, J. · This case was transferred to Centre County. The question was whether the defendants regularly conduct business in a county should make a difference. Pennsylvania Trial Courts have allowed discretion and determining if venue is proper based on […]
PROCEDURE – VENUE – PRELIMINARY OBJECTIONS
Rosamilia v. Alaska Air Cargo, 2025 Pa. Super. LEXIS 401 (September 3, 2025) Stevens, P.J.E. Judges: BEFORE: PANELLA, P.J.E., LANE, J., and STEVENS, P.J.E. Appellant, Andrew Rosamilia, appeals from the October 31, 2024, order entered in the Court of Common Pleas of Clinton County, which sustained Appellee, Alaska Air Cargo’s (“Alaska Air”), preliminary objections based […]
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