• U.S. v. Greenspan

    Publication Date: 2019-05-13
    Practice Area: Criminal Law
    Industry: Health Care | Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Justice Bibas
    Attorneys: For plaintiff: Peter Goldberger and Pamela A. Wilk
    for defendant: Craig Carpenito, United States Attorney, Mark E. Coyne, John F. Romano, and Steven G. Sanders (Office of United States Attorney)

    Case Number: 17-2458

    District Court Erred in Limiting Advice-of-Counsel Defense but Conviction Affirmed Due to Overwhelming Evidence of Criminal Intent

  • Melmark, Inc. v. Schutt

    Publication Date: 2019-05-13
    Practice Area: Family Law
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0561

    Superior court erred in applying New Jersey law and denying plaintiff's equitable claims in its action to recover the costs of care for a disabled New Jersey resident from his parents because Pennsylvania law applied and plaintiff met the requirements for its equitable claims. Reversed.

  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Damages | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0475

    Defendant's economic expert was barred from referencing the discount of the infant plaintiff's future life care costs to present value since Pennsylvania case law and §509 of the Medical Care Availability and Reduction of Error Act do not permit damage awards for future medical expenses to be reduced to present value by the application of a discount factor. The court granted plaintiff's motion in limine.

  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0474

    Pursuant to Aldridge v. Edmunds and its progeny, defendant's medical expert could make limited reference to textual materials in explaining the basis for his opinion that, contrary to plaintiff's assertion, the infant plaintiff did not meet the "entry criteria" for initiating certain treatment. The court granted in part and denied in part plaintiff's motion in limine.

  • Casey v. Presbyterian Med. Ctr. of the Univ. of Pennsylvania Health Sys.

    Publication Date: 2019-05-13
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cohen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0503

    Pennsylvania did not recognize tort claims for the negligent handling of a corpse, so the court properly dismissed all of plaintiffs' claims with prejudice. A defendant who did not constitute an aggrieved party did not have standing to appeal an order for summary judgment.

  • Law Journal Press | Digital Book

    California Legal Malpractice Law 2014

    Authors: J. Randolph Evans, Shari L. Klevens, Suzanne Y. Badawi

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  • Park v. Temple Univ.

    Publication Date: 2019-05-13
    Practice Area: Education Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0563

    Defendant university and deans moved for summary judgment in graduate student's action asserting §1983 constitutionally infirm procedural processes in his honor board hearings and state law claims of breach of contract, unjust enrichment and defamation and the court found student failed to adduce sufficient evidence to show bias or that dean manipulated the university disciplinary process, university's Monell liability or for his state law claims. Motion granted.

  • In the Matter of the Application of the Commonwealth

    Publication Date: 2019-05-06
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0527

    Trial court erred in denying commonwealth's request to inspect rehabilitation clinic's records as to clinic's distribution of methadone to defendant because enforcing the controlled substance, drug, device and cosmetic act would not reveal any potentially incriminating information in the substance of any of defendant's patient records as prohibited by the Pennsylvania drug and alcohol abuse act. Reversed in part.

  • McIlwain v. Saber Healthcare Group, Inc., LLC

    Publication Date: 2019-05-06
    Practice Area: Dispute Resolution
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0523

    Trial court erred as a matter of law in finding that appellant had the authority to sign an arbitration agreement on behalf of decedent when he entered nursing home because while appellant had temporary letters of conservatorship, those letters were granted by a California court and no steps were taken for the conservatorship to be recognized in Pennsylvania. Reversed.

  • Shaheen v. The Williamsport Hosp.

    Publication Date: 2019-05-06
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0378

    In this this suit against a medical facility for a patient's death, plaintiff failed to allege particularized facts regarding the employees or agents involved, and the factual allegations did not support a claim for punitive damages.

  • Stetts v. HCR Manorcare, LLC

    Publication Date: 2019-05-06
    Practice Area: Elder Law
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0379

    Plaintiff's complaint adequately stated claims for negligence and punitive damages, but the court sustained one preliminary objection because plaintiff had to allege specific facts instead of simply referring to a statute generally.