Scheibe v. Resort, 2025 Pa. Super. LEXIS 225 (May 20, 2025) Lane, J. On Tuesday, July 11, 2023, six days before the applicable two-year statute of limitations was due to expire on Monday, July 17, 2023, the Scheibes’ counsel mailed an electronically signed copy of a praecipe for writ of summons through the United States […]
Tag: Procedure
MEDICAL MALPRACTICE – DISCOVERY – PRIVILEGED MATERIALS – PEER REVIEW – PROCEDURE
Boyle v. Main Line Health, Inc., 2022 Pa. Super. Unpub. LEXIS 71 (July 17, 2025) King, J. OPINION BY KING, J.: Appellants, Main Line Health, Inc., Main Line Hospitals, Inc., Main Line HealthCare, and Scott Bailey, M.D. (collectively, “Main Line Defendants”), appeal from the order entered in the Montgomery County Court of Common Pleas, which […]
PROCEDURE – VENUE – MEDICAL MALPRACTICE – FORUM SELECTION CLAUSE
Somerlot v. Jung, 2025 Pa. Super. LEXIS 348 (July 30, 2025) Kunselman, J. “When performance of a duty under a contract is due, any nonperformance is a breach.” Restatement (Second) of Contracts § 235(2). Pennsylvania contract law could not be more clear. See Camenisch v. Allen, 158 Pa. Super. 174, 44 A.2d 309, 310 (Pa. […]
PROCEDURE-JURISDICTION-SUPPLEMENTAL JURISDICTION-STATE CLAIMS ONLY
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 […]
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 […]