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Tag: Procedure

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

Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 OPINION BY PELLEGRINI, J.: Bobbi Ann Mertis (Mertis) appeals from the order entered in the Court of Common Pleas of Luzerne County (trial court) denying her motion to disqualify the law […]

PROCEDURE-AFFIRMATIVE DEFENSES-MOTION TO STRIKE AFFIRMATIVE DEFENSES-TRIAL-MOTION TO STRIKE

.Barnes v.Truck-Lite Co., June 13, 2024 U.S. Dist. LEXIS 105000 (M.D. Pa. June 13, 2024) (Brann, M.) A. Barnes v. Truck-Lite Co., Middle District of Pennsylvania, decided June 13, 2024 MEMORANDUM OPINION I. BACKGROUND In March 2024, Plaintiff Abraham Barnes filed an Amended Complaint against Clarience Technologies, LLC, Truck-Lite Co., LLC, and Kessel Construction Inc. […]

PROCEDURE-SUMMARY JUDGMENT STANDARD-FREE ACCESSIBLE PUBLIC EDUCATION-INDIVIDUALS WITH DISABILITIES EDUCATION ACT

Le Pape v. Lower Merion Sch. Dist., 2024 U.S. App. LEXIS 13400, 2024 WL 2822917 (3d Cir. June 4, 2024) (Ambro, C.J.). This case discusses reversal because of failure to adhere to Rule 56 requirements on summary judgment. The Court also attempts to clarify the “muddled” law in our Circuit. A denial-of-FAPE claim under the […]

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 […]