Edwards v. Norfolk S. Ry. Co., 2025 Pa. Super. LEXIS 212 (May 13, 2025) Lazarus, P.J. Norfolk Southern Railway Company (“Norfolk”) appeals by permission1 from the order, entered in the Court of Common Pleas of Philadelphia County, denying its motion for summary judgment. Upon review, we affirm. Douglas A. Edwards (“Decedent”) was employed by Norfolk […]
Tag: Statute of Limitations
UNIFORM ENFORCEMENT OF FOREIGN JUDGMENTS ACT – STATUTE OF LIMITATIONS – JUDGMENTS
Dawson v. Sonju, 2025 Pa. Super. LEXIS 370 (August 13, 2025) Dubow, J. Judges: BEFORE: STABILE, J., DUBOW, J., and SULLIVAN, J. This case involves motions to strike and/or open to foreign judgments pursuant to the uniform act. This case is a good explanation of the act and how it works. A petition to strike […]
STATUTE OF LIMITATIONS – STATUTE OF REPOSE – CONSTRUCTION – CONTRACTS
John v. Demis, 2025 Pa. Super. LEXIS 379 (August 18, 2025) Sullivan, J. Judges: BEFORE: BOWES, J., NICHOLS, J., and SULLIVAN, J. OPINION BY SULLIVAN, J. John V. Healy and Amy Rohan Demis (collectively, “Appellants”) appeal from an order granting summary judgment in favor of T.A.G. Builders, Inc. (“T.A.G.”); Greenstone Development II Corporation a/k/a Greenstone […]
STATUTE OF LIMITATIONS – UNITED STATES OF AMERICA – BARRING ACT – SIX YEAR LIMITATIONS
Soto v. United States, 145 S. Ct. 1677 (Decided June 12, 2025) Thomas, Justice. Justice Thomas delivered the opinion of the Court. Title 31 U. S. C. §3702, known as the Barring Act, establishes a default settlement regime for certain claims brought against the Government. The Barring Act subjects most claims to a 6-year limitations […]
STATUTE OF LIMITATIONS-TOLLING-MAGISTRATES COMPLAINT
Whittington v. Daniels, 2025 Pa. Super. LEXIS 80 (Pa. Superior Ct., February 19, 2025) (Sullivan, J.) We conclude that the filing of a MDJ complaint tolls the statute of limitations during the pendency of that case (in emphasis). However, the Defendant perfects an appeal that properly serves the Plaintiff with a praecipe to file a […]
STATUTE OF LIMITATIONS-UNJUST ENRICHMENT
Spolar v. Spolar Fam. Trust, Pa. Super. LEXIS 476 2024 (Pa. Superior Ct., November 1, 2024)(Panella, J.) The trial court’s factual findings are supported by the record, which established Mother actively encouraged Daughter to build her home on the 20-acre parcel and held out her Daughter as the owner of the home. As the injury […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE-CONSTRUCTION CASE-MUNICIPALITY AS PLAINTIFF
Clearfield County v. Transystems Corp., et al, No.193 C.D. 2024 (November 1, 2024)(Covey, J.) Under Section 5536 of the Statute of Repose, an action cannot be brought in a construction claim more than 12 years after completion of the construction. The question is whether this applies where the plaintiff is in municipality. The doctrine of […]
STATUTE OF LIMITATIONS-PRISONER LAW-BIVENS ACTION
Fisher v. Hollingsworth, 2024 U.S. App. LEXIS 20598 (U.S. Ct. of App. 3d. Cir., August 15, 2024) (Hardiman, J.) OPINION OF THE COURT HARDIMAN, Circuit Judge. This appeal involves an inmate seeking to recover damages from federal prison officials because of sexual assaults committed by another inmate. Consistent with the Supreme Court’s opinion in Egbert […]
STATUTE OF LIMITATIONS-DOE DEFENDANTS
Armbruster v. Eskola, 2024 U.S. Dist. LEXIS 123612 (M.D. Pa. July 15, 2024) (Mehalchick, Karoline J.) Bianca Armbruster, v. Bradley D. Eskola, United States District Court for the Middle District of Pennsylvania decided, July 15, 2024. This is our case, vehicle crash on Route 80. Was initiated by Doe Defendants, and after the statute ran, […]
STATUTE OF LIMITATIONS-ADMINISTRATIVE PROCEDURE ACT
Corner Post, Inc., Petitioner v. Board of Governors of The Federal Reserve System, U.S. LEXIS 2885 (S. Ct. July 1, 2024) (Barrett, J.) Corner Post, Inc., Petitioner v. Board of Governors of The Federal Reserve System, Supreme Court of the United States, decided, July 1, 2024. Justice Barrett delivered the opinion of the Court. The […]