Chappell v. Powell, 2023 Pa. Super. LEXIS 440, 2023 WL 6325000 (September 29, 2023) (Lazarus, J.) Nichole S. Chappell appeals from the order, entered in the Court of Common Pleas of Blair County, sustaining Appellee Hannah M. Powell’s preliminary objections and dismissing Chappell’s complaint for failing to make good faith efforts to serve Powell. After […]

Mallory v. Norfolk Southern Ry., 2023 U.S. LEXIS 2786, 600 U.S. ___ (2023). Robert Mallory worked for Norfolk Southern as a freight-car mechanic for nearly 20 years, first in Ohio, then in Virginia. During his time with the company, Mr. Mallory contends, he was responsible for spraying boxcar pipes with asbestos and handling chemicals in […]

Williams v. Geo Group, 2022 Pa. Super. LEXIS 365 (Pa. Super. August 24, 2022) (McLaughlin, J.)  The GEO Group, Inc., GEO Corrections and Detentions, LLC., Tiffany Thomas, Community Education Centers Inc., GEO Correctional Holdings Inc., GEO Operations Inc., and Geo Reentry Services, LLC (collectively “GEO”) appeal from the order granting Tineika Williams’ (“Williams”) discovery motion […]

Mertis v. Dong-Joon Oh, 2022 Pa. Super. LEXIS 322 (August 2, 2022) (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 firm representing anesthesiologist Dr. Dong-Joon Oh (Dr. Oh) in this medical malpractice case. The […]

Avenatti v. Fox News Network LLC, 2022 U.S. App. LEXIS 20101 (3rd Cir. July 21, 2022) (Rendell, C.J.)  The Court here considers when a court may drop a party under Rule 21 in order to create diversity.  Apparently, what happened here was that after removal, plaintiff Avenatti added a party so that there would be […]

Williams v. Bitler, PA No. 18-01063 (C.P. Lycoming June 29, 2022) (Linhardt, J.) The court mostly granted Lycoming Supply’s motion to exclude plaintiff’s expert testimony, and ultimately for summary judgment.  The court found that plaintiff’s expert dealing with book value was not supported by the evidence and irrelevant to the claims of breach of fiduciary […]

Berger v. N.C. State Conf. of the NAACP, 2022 U.S. LEXIS 3052 (S. Ct. June 23, 2022) (Gorsuch, J.)  At the heart of this lawsuit lies a challenge to the constitutionality of a North Carolina election law. But the merits of that dispute are not before us, only an antecedent question of civil procedure: Are […]

Pa. v. Geisinger-Community Med. Ctr., PA No. 20-CV-4775 (C.P. Lackawanna March 4, 2022) (Nealon, J.)  In this malpractice action asserting negligence by various health care providers that caused the minor-plaintiff to develop catastrophic brain injuries and neurological damage during her birth in 2006, plaintiff conducted the discovery deposition of the labor and delivery nurse who […]

Myers v. Mihail, Pa. No. CV-20-1013 (C.P. Lycoming January 20, 2022) (Tira, J.)  This case, which is out of our office, once again strikes new matter where there are no substantive facts and where the defendant can replead.  Involved here was the collateral source rule; claims of omissions or actions by others; defense is under […]