District court correctly dismissed disparate impact age discrimination claim where complaint contained no specific factual allegations to demonstrate that company policies had a statistically significant impact on older workers.

Negligence Suit Against Train's Operator Is Dismissed; Claim Not Factually Supported

Court declined summary judgment for physician staffing company in medical malpractice complaint where there were genuine issues of material fact concerning whether the company had a master/servant relationship with a physician who allegedly performed a negligent surgery, such that the patient could hold the company vicariously liable under the doctrine of respondeat superior.

Inclusion of Arbitration Clause within Informed Consent Document That Website Users Had to Agree to Was Sufficient to Put Users on Notice

Court excluded statistical evidence regarding the rarity of a medical complication, where the record showed that defendant considered that complication in the differential diagnosis and did not exclude it simply due to the rarity of occurrence.

Long-term care facility admission agreement had valid arbitration clause where patient possessed contractual capacity to execute the agreement.

Defense counsel complied with Pa.R.Civ.P. 1012 in seeking to withdraw and articulated cognizable grounds for permissive withdrawal, including the client's chronic failure to pay for professional services and irreconcilable differences regarding the proper course of action in defending this suit. The court granted counsel's petition to withdraw.

Factual issues regarding the parties' intent with respect to the scope of a release agreement precluded summary judgment.

Appellate Division, First Department: November 12, 2020

Where the court had dismissed the complaint based on the inadequacy of plaintiff's expert testimony, defendant was entitled to an award of costs as the prevailing party.