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Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30010 OF 2021, C.A.
Plaintiff's medical malpractice complaint lacked the specificity required by Pa.R.C.P. 1019(a) absent any factual averments to indicate what action/inaction caused plaintiff's alleged harm and her demand for punitive damages lacked any allegations to demonstrate that defendants acted in a manner that was malicious, willful, oppressive or exhibited reckless indifference to the rights of others. The court sustained defendants' preliminary objections.
Publication Date: 2022-11-14
Practice Area: Medical Malpractice
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 6050 CIVIL 2019
Court denied defendants' motion to seal the record of settlement, finding that they failed to show good cause to overcome the presumption of openness within the judicial system. Although defendants argued that the settlement would garner unwanted attention from the media and uninterested third parties, the court found that this argument was merely speculative in nature as defendants had failed to point to a single incident of intrusion into their personal or professional lives.
Publication Date: 2022-11-07
Practice Area: Insurance Law
Industry: Entertainment and Leisure | Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-00816
Where the presence or suspected presence of the virus that causes COVID-19 at a business property did not materially alter the property in such a way to constitute a "direct physical loss of damage," business owners were not entitled to coverage under their business interruption insurance coverage. Defendant's motion to dismiss granted.
Publication Date: 2022-11-07
Practice Area: Public Records
Industry: Health Care | State and Local Government
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-17222
The court ordered respondent county to disclose an agreement pertaining to a contract with the county's behavioral health managed care organization. Although respondents argued that they did not have to disclose this information because it was considered trade secrets under the Right-to-Know Law, the court disagreed noting that it did not discuss trade secrets.
Publication Date: 2022-10-31
Practice Area: Whistleblower Laws
Industry: Health Care | Legal Services | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sánchez
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1737
Defendants moved to dismiss plaintiff's action asserting defendants made intentional and negligent misrepresentations and fraudulently concealed information regarding the number of prior relators in a qui tam action and court found plaintiff failed to show any causal link between defendants' alleged breach and her lower-than-anticipated recovery and she failed to show causation as to her other claims or to allege sufficient facts to show the existence of binding oral contracts. Motion granted.
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Publication Date: 2022-10-31
Practice Area: Damages
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 1361
The court granted a motion to strike a lis pendens on the grounds that plaintiff simply sought punitive and compensatory damages and the relief sought did not arise out of allegations concerning the land at issue. Therefore, because plaintiff did not advance any claim in her pleadings regarding any right, title, or interest in the properties, the court granted defendant's motion to strike.
Publication Date: 2022-10-31
Practice Area: Labor Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 21-4294-KSM
EEOC improperly filed suit against corporate subsidiaries not named in letter of determination where there was no allegation that parent company directed subsidiaries to adopt discriminatory employment policies or that subsidiaries constituted a single employer. Defendants' motion to dismiss granted in part and denied in part.
Publication Date: 2022-10-31
Practice Area: Family Law
Industry: Legal Services
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1003 WDA 2021
Attorney, who allegedly represented an allegedly incapacitated person, appealed the striking of his appearance and court found orphans' court did not hold a hearing or render findings, failed to consider a less restrictive alternative to guardianship and the petitions and orders did not comply with orphans' court rules. Vacated and remanded.
Publication Date: 2022-10-24
Practice Area: Products Liability
Industry: Health Care | Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hornak
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-cv-00057
Strict liability claims arising from allegedly defective pelvic mesh could proceed where there was no evidence that the mesh was an unavoidably unsafe product or incapable of being made safe, which would preclude the imposition of strict liability. Defendants' motion for summary judgment granted in part and denied in part.
Publication Date: 2022-10-24
Practice Area: Employment Litigation
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 4:22-CV-00366
Constructive discharge claims failed where state agency discrimination charge was filed prior to employee's termination, meaning that administrative remedies were not exhausted, and denial of work-from-home did not constitute sufficiently altered work conditions to warrant a constructive discharge. Defendant's motion to dismiss granted.
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