Skip to main content

Tag: Procedure

PROCEDURE-RULE 11-AFFIRMATIVE DEFENSES

Desandies v. Encore Grp. (USA), LLC, 2024 U.S. Dist. LEXIS 71580, 2024 WL 1704982 (April 19, 2024) (Wolson, J.). Encore Group had to have a good faith basis to claim that the statute of limitations applies to one of the claims that Mr. DeSandies asserts against it. By its own admission, it doesn’t have that […]

PROCEDURE-SERVICE OF PROCESS-GOOD FAITH

Ferraro v. Patterson-Erie Corp., 2024 Pa. LEXIS 602 (S. Ct. April 25, 2024) (Donohue, J.). The question presented in this appeal is whether the plaintiff met the good faith standard of diligent attempt at timely service of process on the defendant so that dismissal of her complaint was not warranted. The plaintiff, Beverly Ferraro, slipped […]

PROCEDURE-NEW TRIAL-LOW DAMAGE VERDICT

Shook v. Lehigh Valley Rest. Grp., Inc., 2024 Pa. Super. LEXIS 119, 2024 WL 1451371 (April 4, 2024). BEFORE: DUBOW, J., KING, J., and LANE, J. Opinion by: DUBOW. Appellant, Lehigh Valley Restaurant Group, Inc. d/b/a Red Robin Gourmet Burgers and Brews (“Red Robin”), appeals from the June 21, 2023, order granting the post-trial motion […]

PROCEDURE-AMENDMENT-RELATION BACK

Moore v. Walton, 2024 U.S. App. LEXIS 6713 (3rd Cir. March 21, 2024) (Scirica, C.J.). This case involves the relation back doctrine and whether Federal Rule of Civil Procedure 15(c)(1)(C)’s reference to “the period provided by Rule 4(m)” includes any “good cause” extensions granted under that rule. After the toilet in plaintiff Troy Moore, Sr.’s […]

PROCEDURE-COORDINATE JURISDICTION RULE-JEHOVAH’S WITNESSES

Ivy Hill Congregation of Jehovah’s Witnesses v. Commonwealth, Dep’t of Hum. Servs., 2024 Pa. LEXIS 198 (S. Ct. February 13, 2024) (Todd, C.J.). Justice Todd, writing for the Supreme Court, held that the Commonwealth Court, in dismissing a petition filed by the Jehovah’s Witnesses, under the Declaratory Judgments Act, violated the Coordinate Jurisdiction Rule. Hence, […]

PROCEDURE-VENUE-MEDICAL MALPRACTICE

Mazzuca v. Abreu, 2024 Pa. Super. LEXIS 45 (February 12, 2024) (Stevens, P.J.E.). In appellant’s affidavit that she served Dr. Abreu in Philadelphia County provides support for her choice of venue. Appellees, as the moving parties, have the burden of proving that a change of venue is necessary. As the trial court erred in determining […]

PROCEDURE-VENUE-FORUM NON CONVENIENS

James v. Wal-Mart Distrib. Ctr. , 2024 Pa. Super. LEXIS 31, 2024 WL 389020 (February 2, 2024) (Dubow, J.). Appellant Elaine James seeks review of an order transferring venue of a slip and fall case in Philadelphia, Lehigh County, based on forum non conveniens. The court reversed. Ms. James was working for a contractor at […]

PROCEDURE-CONSOLIDATION-EMPLOYER IN LITIGATION

Austin v. Lehigh & Northampton Transp. Auth., 2024 Pa. Commw. LEXIS 36, 2024 WL 270406 (January 25, 2024) (Jubelirer, P.J.). Rodney Austin (Austin) appeals from the Court of Common Pleas of Lehigh County’s (trial court) entry of judgment against him. Austin and his wife, Kimberly Moser, sued the Lehigh and Northampton Transportation Authority (LANTA) and […]

PROCEDURE-VENUE-PRODUCTS LIABILITY CASE

Watson v. Baby Trend, Inc., 2024 Pa. Super. LEXIS 6 (January 12, 2024) (Dubow, J.). Appellants Michael Watson, individually and as estate administrator, appeal from an order entered in the Philadelphia Court of Common Pleas sustaining POs to venue by Baby Trend, Inc. Baby Trend’s preliminary objections to venue were sustained and the case was […]

PROCEDURE-COORDINATION OF ACTIONS

HTR Rests., Inc. v. Erie Ins. Exch., 2023 Pa. LEXIS 1663 (S. Ct. December 8, 2023) (Wecht, J.). Prior to and during the COVID-19 pandemic, Erie Insurance Exchange (“Erie”) insured various businesses across the Commonwealth through policies that protected against business interruption losses. During the pandemic, federal and state authorities ordered the closure of certain […]