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Publication Date: 2023-06-19
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Krause
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2798
District court properly dismissed appellant's Bivens claims and his fifth amendment Federal Tort Claims Act claim but erred in dismissing appellant's fourth amendment FTCA claim, in action over his arrest for allegedly providing Chinese authorities with sensitive information about super conductor technology, because appellant's fourth and fifth amendment claims arose in a new context and implicated special factors involving national security but fourth amendment FTCA complaint listed discrete instances of agent's knowing provision of
Publication Date: 2023-06-19
Practice Area: Personal Injury
Industry: Education | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2942
Media organization and author moved to dismiss plaintiff's defamation, false light and civil aiding and abetting claims relating to published articles suggesting she mishandled remains from the MOVE bombing and court found the allegedly defamatory statements were substantially true or non-actionable opinion and plaintiff was a limited public figure and failed to show actual malice. Motion granted.
Publication Date: 2023-06-19
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 2525 CV 2021
Plaintiff's good faith efforts to effectuate service were apparent and no evidence suggested defendant was prejudiced. Defendant's preliminary objection for improper service of process denied.
Publication Date: 2023-06-19
Practice Area: Personal Injury
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10457 OF 2022
The court rejected defendants' argument that plaintiff's claim was legally insufficient based on the open and obvious condition and assumption of risk and ordered the case to trial to determine whether the defendants were negligent and liable for the plaintiff's injuries.
Publication Date: 2023-06-12
Practice Area: Personal Injury
Industry: Food and Beverage
Court: Courts of Common Pleas, Bucks County
Judge: Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-03333
In a slip and fall case, plaintiffs appealed the grant of a motion for summary judgment in favor of defendant, a restaurant. The court denied the appeal, finding that plaintiffs' testimony and evidence did not establish causation or meet the requirements for admissible expert testimony.
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Publication Date: 2023-06-12
Practice Area: Personal Injury
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2942
Court granted university defendants' motion to dismiss plaintiff's defamation, defamation by implication, false light and civil aiding and abetting claims over statement defendants issued about human remains from the MOVE bombing because plaintiff was a limited public figure and failed to show malice or that defendants had doubts as to the truth of the statement. Motion granted.
Publication Date: 2023-06-12
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Wolson
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-05196-JDW
Company could not enforce arbitration provision against customer when that provision was contained within terms and conditions on the company's website and the company never provided users with any notice of the terms or that they contained an arbitration clause. Defendant's motion to compel arbitration denied, motion to dismiss granted in part and denied in part.
Publication Date: 2023-06-05
Practice Area: Personal Injury
Industry: Retail
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-22-00100
Court sustained defendant's third preliminary objection and overruled defendant's second preliminary objection. Plaintiff's allegations of negligence against defendant in a slip and fall case, resulting in injuries requiring hospitalization where plaintiff's decedent was exposed to COVID-19, were deemed material and appropriate.
Publication Date: 2023-06-05
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lindhardt
Attorneys: For plaintiff:
for defendant:
Case Number: CV-21-00360
Plaintiff failed to provide sufficient evidence to hold defendant liable for a slip and fall incident. The court granted defendant's motion for summary judgment and dismissed the case with prejudice.
Publication Date: 2023-05-29
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 828 WDA 2022
Trial court properly dismissed plaintiff's action asserting emotional distress from defendants' interference with a dead body where defendants' son killed plaintiff's son and hid the body and defendants concealed their relationship to the gun their son used in the murder and court held neither §868 of the second restatement of torts nor Papieves v. Lawrence, 263 A.3d 118, allowed recovery where a murder victim was missing and defendants allegedly acted as accessories after the fact in some manner, regardless of whether defendants knew
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