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Publication Date: 2022-12-12
Practice Area: Products Liability
Industry: Distribution and Wholesale | Health Care | Manufacturing
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-C-1938
The court granted defendant's motion to dismiss based on lack of personal jurisdiction on the basis that they lacked both general and specific jurisdiction. As to general jurisdiction, the court found that jurisdictional requirements were not met under 42 Pa. C.S.A. §5301(a)(1). The court then reviewed whether specific jurisdiction was proper, finding that the defendant lacked sufficient minimum contacts within the state.
Publication Date: 2022-12-12
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-1183
Defendants erred in relying on Sutherland v. Monongahela Valley Hosp. to argue that the corporate negligence theory did not apply to a physician's group because it had not assumed the role of a comprehensive health center, and failed to analyze such a claim in view of the factors set forth in Althaus v. Cohen. The court overruled defendants' preliminary objection.
Publication Date: 2022-12-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-0010
The patient safety reports plaintiff sought in this medical malpractice suit were solely prepared for compliance with the Medical Care Availability and Reduction of Error Act reporting requirements, but they were not immune from discovery because they did not arise out of matters reviewed by a patient safety committee. The court vacated a prior order and issued a new order granting discovery on corrected grounds.
Publication Date: 2022-12-05
Practice Area: Discovery
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-0506
Plaintiff failed to make a good faith effort to identify her treatment providers and produce related treatment records; therefore, defendants were entitled to recover attorney fees and expenses incurred to secure such information as a sanction. The court granted in part defendants' motion for sanctions.
Publication Date: 2022-08-22
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0870
Court granted defendant's preliminary objections to creditor plaintiff's complaint because the complaint failed to specifically plead the breach of contract claim and further failed to specifically aver time, place, and items of special damage, violating Pa.R.C.P. 1028(4). The court noted the complaint was legally insufficient because plaintiff failed to attach a copy of the alleged breach of contract and further failed to explain "how and why transactions during" a time period were relevant to the relevant sum alleged.
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Authors: Gary L. Brown
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Publication Date: 2022-08-22
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0873
Defendants failed to demonstrate that certain patient safety reports generated while plaintiff was in hospital to give birth were immune from discovery in this medical malpractice suit under either the Peer Review Protection Act or the privilege afforded by the Medical Care Availability and Reduction of Error Act. The court granted plaintiff's motion to compel.,
Publication Date: 2022-08-22
Practice Area: Business Torts
Industry: Entertainment and Leisure | Food and Beverage
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0869
Court denied objection to a motion seeking to join an additional defendant where the additional defendant argued joinder was not timely filed. Although the request for joinder was late, the court exercised discretion to allow joinder on the grounds that it was reasonable since late joinder only occurred while the parties made a good-faith effort to settle the matter. Court denied in part and granted in part additional defendant's demurrers to the complaint, finding that defendant did not owe a fiduciary duty by law to plaintiff since
Publication Date: 2022-08-22
Practice Area: Personal Injury
Industry: Food and Beverage | Real Estate
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0871
Given precedent defining §4-497 of the Pennsylvania's Dram Shop Act as a limiting provision that protects a licensee from liability to third parties unless the patron was visibly intoxicated, the court held that the provision operated to preempt plaintiff's common law negligence claims against the defendant liquor licensee. The court sustained defendants' preliminary objections in part.
Publication Date: 2022-08-22
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Caffrey
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0872
Plaintiff did not meet the requirements of Pa.R.Civ.P. 2005(c) in her motion to amend a complaint to replace a John Doe designation with the defendant's actual name where she failed to file that motion within 20 days after the actual name of the defendant had been identified. The court denied plaintiff's motion for leave to amend.
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