Poteat v. Asteak, 2024 Pa. Super. LEXIS 99 (March 21, 2024) (Dubow, J.). Appellant, Antoine Poteat, appeals pro se from the February 7, 2023 order entered in the Lehigh County Court of Common Pleas that sustained the preliminary objections filed by Appellees, Gary Asteak, Esq., and Nino v. Tinari, Esq., and dismissed his complaint for […]

KEM Res., LP v. Deer Park Lumber, Inc., 2024 Pa. LEXIS 243, 2024 WL 696763 (February 21, 2024) (Mundy, J.). This case involved what seems like a contract breach involving a gas lease, but according to the court, Pennsylvania’s 6-year statute of limitations applies to any civil action or proceeding which is neither subject to […]

Tibbitt v. Eagle Home Insps., LLC, 2023 Pa. Super. LEXIS 506 (October 30, 2023) (Lazarus, J.). Erin D. Tibbitt (f/k/a Erin D. Miller) appeals from the order, entered in the Court of Common Pleas of Allegheny County, dismissing all of her claims against Appellee Eagle Home Inspections, LLC (Eagle), and entering judgment on the pleadings […]

Johnson v. Toll Bros., 2023 Pa. Super. LEXIS 410 (September 19, 2023) (Pellegrini, J.) In this construction defect case, Lee R. Johnson, Jr. and Victoria H. Johnson, H/W (the Johnsons) appeal an order of the Court of Common Pleas of Chester County (trial court) granting summary judgment in favor of Toll Brothers, Inc., Toll Bros., […]

Quiah v. Devereux Found., Inc., 2023 Pa. Commw. LEXIS 145, 2023 WL 6051290 (September 18, 2023) (Leadbetter, S.J.) Alberta Quiah, Plaintiff, appeals from the Court of Common Pleas of Chester County’s grant of preliminary objections to her amended complaint against the Devereux Foundation—her former employer—and James Sesher, a detective in the Easttown Township Police Department […]

Williams v. Tech. Mahindra (Ams.) Inc., 2023 U.S. App. LEXIS 14755, ___ F.4th ___ (3d Cir. June 14, 2023) (Phipps, C.J.) In this putative class action, a fired employee sues his former employer alleging a pattern or practice of race discrimination against non-South Asians in violation of 42 U.S.C. § 1981. The employee had previously […]

Reed v. Goertz, 143 S. Ct. 955 (April 19, 2023) (Kavanaugh, J.). In many States, a convicted prisoner who still disputes his guilt may ask state courts to order post-conviction DNA testing of evidence. If the prisoner’s request fails in the state courts and he then files a federal 42 U. S. C. §1983 procedural […]

Edwards v. Norfolk S. Ry. Co., 2023 Pa. Super. LEXIS 109, 2023 WL 2579881 (March 21, 2023) (Pellegrini, J.) Under the relation back doctrine, our courts, in certain situations, have validated the acts of a personal representative of an estate that predate their official appointment. In this interlocutory appeal by permission, we consider whether the […]

Kornfeind v. New Werner Holding Co., 2022 Pa. LEXIS 1172 (August 16, 2022) (Mundy, J.)  This case says that 42 Pa.C.S. § 5521(b) does not apply where the accident happened in Illinois but lawsuit was initiated in Philadelphia.  Claim means any right of action which may be asserted in a civil action or proceeding.  The […]