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Tag: Procedure

Tag: Procedure

PROCEDURE – CLASS ACTION – CONTRACT – REIMBURSEMENT OF MONEY DUE TO COVID – COLLEGES AND UNIVERSITIES – COVID REIMBURSEMENT

Posted on November 13, 2025 - 3:38 pm by

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

Posted on November 13, 2025 - 3:33 pm by

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

Posted on October 22, 2025 - 3:15 pm by

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

Posted on October 22, 2025 - 2:40 pm by

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

Posted on October 22, 2025 - 2:23 pm by

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

Posted on October 13, 2025 - 1:22 pm by

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 – VENUE – PRELIMINARY OBJECTIONS

Posted on September 8, 2025 - 2:30 pm by

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 […]

SUBPEONA – FOREIGN SUBPEONA – PROCEDURE

Posted on August 28, 2025 - 1:16 pm by

Animal Legal DEF. Fund v. Foster Poultry Farms, 335 A.3d 377 (April 15, 2025) Judges: BEFORE: LAZARUS, P.J., KUNSELMAN, J., and McLAUGHLIN, J. OPINION BY McLAUGHLIN, J. Animal Legal Defense Fund (“ALDF”) appeals from the order quashing a foreign subpoena compelling Farmers1 Pride, Inc. (“Farmers Pride”) to produce information regarding their poultry manufacturing processes. We […]

PROCEDURE – SERVICE OF PROCESS – MEDICAL MALPRACTICE

Posted on August 28, 2025 - 1:15 pm by

Green v. Farole, 335 A.3d 771 (April 14, 2025) Stabile, J. Judges: BEFORE: BOWES, J., STABILE, J., and KUNSELMAN, J. OPINION BY STABILE, J. Appellant, Joseph Green, appeals from the April 9, 2024, order dismissing his complaint in professional negligence against Anthony Farole, D.M.D. and Anthony Farole D.M.D., Inc. (collectively, “Appellee”), for failure of service. […]