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 […]
Tag: Procedure
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 […]
PROCEDURE-VENUE-FORUM NON CONVENIENS
Hangey v. Husqvarna Pro. Prods., 2023 Pa. LEXIS 1578, 2023 WL 8102730 (S. Ct. November 22, 2023) (Dougherty, J.) The trial court transferred venue based on a determination that corporate defendant did not regularly conduct business in Philadelphia because only 0.005% of the company’s total national revenue was derived from that county. On appeal, the […]
PROCEDURE-FORUM NON CONVENIENS-TRANSFER TO BUTLER COUNTY-DISTANCE-DISCOVERY
Smith v. CMS West, Inc., 2023 Pa. Super. LEXIS 507 (October 30, 2023) (Stabile, J.) Distance alone can be a factor. This case was transferred from Philadelphia to Butler County, where the incident occurred. There were many witnesses, and the court found that the distance from Philadelphia to Butler County was just too far, given […]
PROCEDURE-SERVICE OF PROCESS-TIMELY SERVICE
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 […]
PROCEDURE-SERVICE OF PROCESS-DUE PROCESS-SUFFICIENT CONTACTS
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 […]
PROCEDURE-DISCOVERY-PEER REVIEW-ATTORNEY-CLIENT
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 […]
PROCEDURE-DISCOVERY OF TREATING PHYSICIAN-EX PARTE COMMUNICATION
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 […]
PROCEDURE-DIVERSITY OF CITIZENSHIP-RULE 21 DISCRETION
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 […]