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Publication Date: 2022-02-14
Practice Area: Criminal Law
Industry: Health Care
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0156
Trial court properly dismissed mother's complaint for indemnification and gross negligence against medical defendants who treated her son before he killed four men but erred in not dismissing her claims for compensatory damages because the "no felony conviction recovery rule" applied since all of the asserted damages flowed from son's criminal conduct for which he had been convicted and the rule barred recovery. Affirmed in part and reversed in part.
Publication Date: 2022-02-14
Practice Area: Personal Injury
Industry: Health Care | State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Justice Bibas
Attorneys: For plaintiff: Patrick J. Dwyer, Thomas E. Hastings, and William E. McGrath, Jr. (Dilworth Paxson)
for defendant: Brett J. Haroldson and Ashley L. Costello (Office of Attorney General Of New Jersey)
Case Number: 21-1148
Nurse Could Have Liability for Injuries Inflicted by Psychiatric Patient after Failing to Supervise Visit While Knowing of Patient's Violent History
Publication Date: 2022-02-14
Practice Area: Discovery
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Franklin County
Judge: Judge Sponseller
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0066
The court held that plaintiff's attorney was consistently obdurate as she made unreasonable and unnecessary demands on defendant's attorney during discovery and the drafting of a protective order such that defendant was entitled to attorney fees. Motion for sanctions granted.
Publication Date: 2022-02-07
Practice Area: Administrative Law
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0128
Petitioner appealed state board of veterinary medicine's holding that her practice as an animal chiropractic constituted the unlicensed practice of veterinary medicine and court found the substance of her treatment for subluxations, as defined by petitioner in her testimony, was included in the definition of "veterinary medicine." Affirmed.
Publication Date: 2022-02-07
Practice Area: Elder Law
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0057
The court found that plaintiff's allegations of a violation by the nursing home of a statute designed to prevent a public harm supported his claim of negligence per se, that plaintiff properly pled a fiduciary duty owed by the nursing home to a resident, and that plaintiff could go forward with his request for punitive damages toward the nursing home.
Law Journal Press | Digital Book
Authors: David R. Marriott
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Publication Date: 2022-02-07
Practice Area: Patent Litigation
Industry: Health Care | Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0129
Defendants sought sanctions against plaintiff and its attorney in plaintiff's patent licensing action and court found sloppiness on the part of plaintiff and its counsel but only found plaintiff's alter ego arguments at summary judgment sanctionable as were its statute of limitations tolling arguments and allegations as to another university's involvement. Motion granted in part and denied in part.
Publication Date: 2022-01-31
Practice Area: Health Care Law
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0099
Proposed intervenors moved to intervene in plaintiffs' action against Pennsylvania Department of Human Services to ensure the settlement in their prior litigation was not disturbed or undermined by this action and also asserted claim preclusion as a bar against collateral attacks on that settlement and court denied intervention as of right because intervenors did not and could not show that their settlement would be negatively affected as a practical matter by a judgment in plaintiff's favor and court also denied permissive interventi
Publication Date: 2022-01-24
Practice Area: Civil Rights
Industry: Education | Health Care | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Horan
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0075
Defendants moved to dismiss plaintiff's §1983, title VI, §1981 and state law claims based on defendant's actions and statements after plaintiff published an article concerning diversity in the cardiology workplace and court dismissed claims against University of Pittsburgh Medical Center, University of Pittsburgh Physicians, individual doctors and University of Pittsburgh with leave to amend and dismissed claims against publisher without leave to amend. Motions granted in part and denied in part.
Publication Date: 2022-01-17
Practice Area: Employment Litigation
Industry: Health Care | Insurance | Retail
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0048
Commonwealth court correctly affirmed hearing officer's order that a non-treating healthcare provider could not challenge a utilization review determination but erred in concluding the act improperly failed to account for the due process rights of non-treating providers and engrafting onto the act a requirement that non-treating providers receive notice and an opportunity to intervene in UR proceedings. Affirmed in part.
Publication Date: 2022-01-17
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1525
The court held that plaintiff's complaint, which alleged dates of care, places of care, identified several defendant providers by name and averred that certain agents of defendant hospital and medical group were unknown to plaintiff but known to defendants, possessed sufficient specificity to withstand defendants' preliminary objection. Additionally, plaintiff's claim of corporate negligence directed to defendant physician group and health network did not fail under Pa.R.Civ.P. 1028 (a)(4) because the allegations established that the
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