Royal Canin U.S.A., Inc. v. Wullschleger, 2025 U.S. LEXIS 365 (U.S. Supreme Court, January 15, 2025) (Kagan,J.) If a complaint filed in the state court asserts federal-law claims, the claimant may remove to federal court. If the complaint also asserts state-law claims arising from the same facts, the federal court may adjudicate those claims also […]
Tag: Procedure
ADMINISTRATIVE PROCEDURE ACT-DIGITAL ASSETS-RULE MAKIING
Coinbase, Inc. v. SEC, 2025 U.S. App. LEXIS 653 (3rd Cir. Ct. of App., January 13, 2025)(Ambro, J.) Coinbase Global, Inc., a trading platform that facilitates the exchange of digital assets, petitioned the Securities and Exchange Commission (SEC) to promulgate rules clarifying how and when the federal securities laws apply to digital assets like cryptocurrencies […]
PROCEDURE-PLEADING-SPECIFICITY
Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) The Court adopts Plaintiffs’ and the Gardens’ Stipulation in Lieu of Preliminary Objections to the Amended Complaint (“Gardens’ Stipulation”) in which Plaintiffs and the Gardens agreed that Plaintiffs shall identify the […]
PROCEDURE-SUMMARY JUDGEMENT-RESPONSE TIME
Jordan v. Lynde, 2024 Pa. Super. LEXIS 565 (Pa Superior Ct., December 31, 2024)(Kunselman, J.) OPINION BY KUNSELMAN, J.: In this medical-malpractice action, Joanne and Stephen Jordan appeal from the order granting summary judgment to the Defendants, Michael Lynde, D.P.M.; Penn Hematology and Oncology; John Youssef, M.D.; and Youval Katz, M.D. Because the Jordans were […]
PROCEDURE-PRELIMINARY OBJECTIONS-DEMURE
Kleinbard LLC v. Off. of the DA of Lancaster County, 2024 LEXIS 1848 (Pa. Super., December 17, 2024) (Dougherty, J.) JUSTICE DOUGHERTY We granted discretionary review to consider whether the Commonwealth Court correctly sustained preliminary objections and rejected as a matter of law the claim of a law firm to payment for services rendered to […]
PROCEDURE-DISCOVERY-EXPERTS-NOTES, RECORDINGS, ETC., OF MEETINGS ATTENDED BY APPELLATES AND THEIR EXPERTS
McKeehan v. Milton S. Hershey Med. Ctr., 2024 Pa. Super. LEXIS 529 (Pa. Superior Ct., December 6, 2024)(Panella, J. and Stevens, J.) OPINION BY PANELLA, P.J.E. Appellants, David McKeehan (“Mr. McKeehan”) and Mary McKeehan, appeal from the order entered in the Dauphin County Court of Common Pleas on October 18, 2023, granting the motion to […]
PROCEDURE-VENUE-CONTRACT-NEGLIGENT MISREPRESENTATION-ABUSIVE PROCESS
Rice Drilling LLC v. Scott, 2024 Pa. Super. LEXIS 380, (Pa. Super., September 04, 2024 (Olson, J.) OPINION BY OLSON, J.: Appellants, Rice Drilling B, LLC (“Rice”) and EQT Production Company (“EQT”) (collectively, “Appellants”) appeal from the July 13, 2023 order entered in the Court of Common Pleas of Allegheny County that, inter alia, transferred […]
PROCEDURE-JURISDICTION-PERSONAL JURISDICTION
Kennedy v. Crothall, 2024 Pa. Super. LEXIS 336 (Pa. Super, Ct., August 7, 2024) (Colins, J.) Trial court dismissed GE defense for lack of personal jurisdiction. The court also granted Motion to Dismiss for forum non conveniens filed by Defendant Crothall Healthcare, Inc. The Superior Court affirmed both. J.F. sustained injuries during a tonsillectomy and […]
PROCEDURE-NEW MATTER-FACTS ABSENT
Jessica Stidfole for Wyatt Newman (deceased) v. Marsha Ann Nahra, M.D.; Alexa Mills, M.D.; Angela Huggler, M.D.; Autumn Shree Hill, CNM; Geisinger Medical Center; Geisinger Clinic; UPMC Williamsport; UPMC Susquehanna; Susquehanna Physician Services; and Bucktail Medical Center, Court of Common Pleas decided, January 11, 2024. Court struck new matter of defendant’s as being conclusion of […]
PROCEDURE-DISCOVERY-TREATING PHYSICIAN-CONCLUDING-AFFIRMATION
Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 This case concerns application of Pennsylvania Rule of Civil Procedure 4003.6. Opinion by Justice Mundy. Pa.R.Civ.P. 4003.6. Specifically, we must determine whether the first exception to Rule 4003.6 (client exception) permits […]