• Brian Handel D.M.D, P.C. v. Allstate Ins. Co.

    Publication Date: 2020-11-23
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1260

    Plaintiff, a Pennsylvania dental practice, failed to plead plausible facts that restrictions due to the COVID-19 pandemic caused damage or loss in any physical way to its property so as to trigger coverage under its "all-risk" insurance policy with defendant. The district court granted defendant's motion to dismiss.

  • Rogowski v. Harrison House Personal Care Home

    Publication Date: 2020-11-16
    Practice Area: Damages
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1151

    Decedent's Social Security benefits representative payee could not be held liable in negligence for injuries she suffered when sexually assaulted by another resident of the care home where she lived, as the representative owed decedent no common law duty of care upon which to premise such a negligence claim. The court granted defendant's preliminary objections in part.

  • Bloomsburg Indus. Ventures, LLC v. Town of Bloomsburg

    Publication Date: 2020-11-16
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1240

    The Town of Bloomsburg's zoning ordinance failed to specifically list either transitional living facilities or homeless shelters as permitted uses in any zoning districts and was, therefore, de jure exclusionary since the proposed uses were not encompassed within another use that was specifically provided for. The court granted plaintiff relief on its substantive validity challenge.

  • McGrath v. Bd. of Sch. Dir. of the City of Scranton

    Publication Date: 2020-11-09
    Practice Area: Government
    Industry: Education | State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1122

    Plaintiff demonstrated that the School District and Board of School Directors of the City of Scranton violated the Sunshine Act by holding a virtual meeting involving the furlough of and termination of health care insurance for many district employees despite knowing that members of the public would not have an opportunity to observe the meeting. The court granted plaintiff's request for a preliminary injunction.

  • Millhouse v. Rajjoub

    Publication Date: 2020-11-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1093

    Plaintiff failed to show good cause for failing to file a certificate of merit in this medical malpractice action. The court denied plaintiff's motion for waiver of the requirement and it refused to grant an additional extension of time.

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  • Hammons v. Ethicon, Inc.

    Publication Date: 2020-11-02
    Practice Area: Mass Torts
    Industry: Health Care | Manufacturing
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1189

    Superior court properly found specific jurisdiction was proper, in plaintiff's action over injuries from a medical device manufactured from mesh woven in Pennsylvania, based on defendant's involvement in the manufacturing of the mesh in Pennsylvania. Affirmed.

  • Mwimbwa v. CSL Plasma. Inc.

    Publication Date: 2020-11-02
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1192

    Defendants moved to dismiss plaintiff's Age Discrimination in Employment Act, Americans with Disabilities Act, Pennsylvania Human Relations Act and Pennsylvania Whistleblower Act action alleging sex and age based discrimination, failure to accommodate and retaliation and court found she failed to set forth sufficient allegations to establish any of her claims. Motion granted.

  • Rettzo v. Saul

    Publication Date: 2020-10-26
    Practice Area: Health Care Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Arbuckle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1167

    Commissioner properly found plaintiff was not entitled to disability insurance benefits and Administrative Law Judge did not fail to consider her seizures since treatment records said her epilepsy was under excellent control, ALJ properly refused to incorporate into plaintiff's residual functional capacity assessment her testimony that she spent most of her day with her legs elevated to alleviate knee pain, her "anxiety" was a non-medically determinable impairment and was properly excluded from the RFC assessment and there was no medi

  • Record v. Maybrook-P Orangeville Opco, LLC

    Publication Date: 2020-10-26
    Practice Area: Civil Rights
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1164

    Defendant moved for summary judgment in plaintiff's action for discrimination, failure to accommodate and retaliation in violation of the Americans with Disabilities Act and court found plaintiff failed to produce any evidence she ever requested a reasonable accommodation or engaged in other protected activity. Motion granted.

  • Watson v. Drexel Univ.

    Publication Date: 2020-10-26
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1169

    Defendant moved for summary judgment on plaintiff's Americans with Disabilities Act, Pennsylvania Human Relations Act and Family and Medical Leave Act claims alleging a failure to accommodate and disability discrimination and court found defendant engaged in the interactive process as a matter of law, plaintiff was not terminated because of her disability, she provided no evidence to suggest defendant's legitimate, nondiscriminatory reason for her termination was pretextual and her FMLA claim because she failed to file the appropriate