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  • Masterson-Carr v. Drexel Univ. Coll. of Med.

    Publication Date: 2020-06-08
    Practice Area: Employment Litigation
    Industry: Education | Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0575

    Where there was no causal nexus between plaintiff's request for an extension of leave under the Family Medical Leave Act and her termination, she could not establish a prima facie case of retaliatory discharge against her employer. The court granted defendant's motion to summary judgment.

  • Highland Park Care Ctr., LLC v. Campmed Cas. &Indem. Co. of Maryland

    Publication Date: 2020-06-08
    Practice Area: Insurance Law
    Industry: Health Care | Insurance
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Ranjan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0583

    Insurer could only escape liability for post-judgment interest under standard-interest clause in policy by tendering the entire policy limit into court; insurer's tendering of less than the full policy to satisfy judgment meant insurer continued to be liable for post-judgment interest. Plaintiff's motion for partial summary judgment granted.

  • Washington Health Sys. v. Unemployment Comp. Bd. of Review

    Publication Date: 2020-05-25
    Practice Area: Employment Litigation
    Industry: Health Care | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leadbetter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0531

    Board properly held that employer failed to meet its burden of proof where claimant was fired for a positive drug test after telling employer she used over-the-counter CBD oil to manage her cancer-related symptoms because employer did not submit the results of the drug test as evidence and claimant's admission that she "failed" the drug test was hearsay based on what someone had told her. Affirmed.

  • Fausnaught v. UPMC Susquehanna

    Publication Date: 2020-05-18
    Practice Area: Privacy
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0401

    Plaintiff could not sustain a negligence claim against her employer based on its alleged failure to protect her confidential medical information where her complaint failed to establish a relevant duty except by citation to the Health Insurance Portability and Accountability Act, which does not provide for a private cause of action. The court sustained in part defendants' preliminary objections.

  • Vasil v. Dep't of Military & Veterans Affairs

    Publication Date: 2020-05-18
    Practice Area: Employment Litigation
    Industry: Health Care | Recruitment and Staffing
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0507

    Department moved for summary relief in plaintiff doctor'saction asserting department violated the Whistleblower Act and Medical Care Availability and Reduction of Error Act by retaliating against him for complaints about substandard medical care in a veteran's facility and court found department took an adverse employment action by canceling contract and stripping doctor of his title and income as medical director but plaintiff conceded he could not show department interfered with his prospective employment at another facility. Motion

  • Law Journal Press | Digital Book

    Land Use Law: Zoning in the 21st Century

    Authors: Brent Denzin, Julie A. Tappendorf, Adam Simon, David S. Silverman, Gregory W. Jones, Daniel J. Bolin

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  • Ungurian v. Beyzman

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0510

    Trial court properly ordered hospital to produce its event report, serious safety event rating meeting summary, minutes from the patient safety committee, root cause analysis report, quality improvement staff peer review and credentialing in a medical malpractice action because the documents were not protected from disclosure under the Patient Safety Quality Improvement Act and the Peer Review Protection Act. Affirmed.

  • Hoover v. Muncy Valley Hosp.

    Publication Date: 2020-05-18
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0402

    The court refused to consider plaintiff's supplemental expert report, which was filed long after the discovery deadline and only upon the filing of defendants' motion for summary judgment, since allowing plaintiff to supplement her discovery under the circumstances would not be "just. " The court granted defendants' motion for summary judgment.

  • Rolon v. Davies

    Publication Date: 2020-05-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0509

    Trial court erred in entering nonsuit in favor of surgeon in medical malpractice action because decedent's administrator's expert rendered his testimony to a reasonable degree of certainty but court affirmed jury's verdict in favor of other defendants and ordered a new trial only against surgeon. Vacated in part and affirmed in part.

  • Trigg v. Children's Hosp. of Pittsburgh of UPMC

    Publication Date: 2020-05-11
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0482

    Superior court erred in considering appellees' argument that trial court erred by not personally observing the demeanor of prospective jurors during voir dire because appellees waived the issue for appellate review by making no contemporaneous or pretrial objections to trial judge's absence. Vacated.

  • Kinard v. Butler Mem'l Hosp.

    Publication Date: 2020-05-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0357

    The court sustained a preliminary objection, because plaintiffs' certificate of merit only supported their claim for vicarious liability, not corporate negligence. The complaint contained sufficient facts to allow plaintiffs' punitive damages claim to go forward.