Publications
Plaintiff barred from re-litigating qualified immunity based on collateral estoppel as the same analysis would be used by state court as was used by federal court for state-based claims.
The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting.
Case Law Alerts, 1st Quarter, Janu
Plaintiff must show recognized duty is owed to support negligence claim.
The plaintiff filed a lawsuit against the defendant hospital alleging, among other things, negligent mishandling of her medical records.
Case Law Alerts, 1st Quarter, Janu
PA Superior Court holds that expert testimony is needed to prosecute claim of medical negligence.
The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates.
Case Law Alerts, 1st Quarter, Janu
Exculpatory release granting municipal immunity for violation of duty to maintain public roadways violated public policy.
The plaintiff was injured during a charity bike ride through the City of Philadelphia when he rode into a known, unmarked and un-barricaded sinkhole.
Case Law Alerts, 1st Quarter, Janu
When political subdivision installs lighting as part of real estate, sovereign immunity is waived if agency’s negligent installation and design creates dangerous condition.
A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight.
Case Law Alerts, 1st Quarter, Janu
Due Process Clause of 14th Amendment does not require municipalities provide pre-termination hearing where employee’s position is eliminated following good faith government reorganization.
The plaintiff was chief of police from 2006 until the Township eliminated the department in 2016. In March 2016, the supervisors passed a resolution and enacted an ordinance eliminating the department.
Case Law Alerts, 1st Quarter, Janu
Independent due diligence blunts justifiable reliance argument in real estate purchase transaction.
The Pennsylvania Superior Court recently affirmed the trial court’s dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent who prepared a prospectus and the owner
Case Law Alerts, 1st Quarter, Janu
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
In this Commonwealth Court level wrongful death case, the trial court granted motions for summary judgment filed by the defendant architect, contractor and subcontractor.
Case Law Alerts, 1st Quarter, Janu
Erroneous execution of “Connecticut Consent Form” for election of uninsured motorist coverage does not bind insurer if insured proves intent to reject coverage.
The District Court held that, even though Ryder Systems, Inc.
Case Law Alerts, 1st Quarter, Janu
Injuries from act of third party can be foreseeable consequence of failure to exercise care to prevent physical harm to others when rendering services and undertaking responsibility for safety of others.
In a matter that can be highly analogous to settings involving bus depots, vehicle lots and transportation hubs, the Delaware Supreme Court denied the Delaware State University’s (DSU) motion for summary judgment in a matter where six plaintiffs w
Case Law Alerts, 1st Quarter, Janu