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Publication Date: 2022-12-05
Practice Area: Personal Injury
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 22-684
Third-party defendant glass company moved to dismiss defendant's contractual indemnification and defense claim in plaintiff's personal injury action and court found defendant's and third party defendant's agreement to arbitrate did not establish that venue was improper and defendant's third-party contractual indemnity claim against glass company involved a common nucleus of operative fact with plaintiff's underlying claims. Motion denied.
Publication Date: 2022-12-05
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hill
Attorneys: For plaintiff:
for defendant:
Case Number: 06965
Court denied plaintiff's cross-appeal for delay damages on the basis that plaintiff failed to produce any evidence of how they arrived at their delay damages calculation. The court further noted that plaintiff failed to identify any delays which were attributable to defendant's conduct but instead found that the lengthy delay in the pre-trial history of the case was partially plaintiff's fault because plaintiff had failed to adhere to several discovery timelines.
Publication Date: 2022-11-21
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 00794
The court affirmed the trial court's order granting a motion to dismiss and denying a motion for leave to file an amended complaint. The court focused on the fact that although appellant knew they had named the wrong party in the complaint's caption, they did not seek to cure this defect until after the applicable statute of limitations had passed. Accordingly, the court noted that the trial court did not err or abuse their discretion.
Publication Date: 2022-11-14
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2115 EDA 2021
Sheriff's return of service indicating the non-existence of an address was conclusive on its face to render a petition to strike or open default judgment meritorious as it was apparent that defendant was not afforded notice of the proceedings. Order of the trial court reversed, case remanded.
Publication Date: 2022-11-14
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2657
Plaintiff could pursue premises liability claims where there was triable issue regarding whether store had sufficient protection for plaintiff after she credibly accused another customer of shoplifting. Defendant's motion for summary judgment denied in part and granted in part.
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Authors: Daniel A. Cohen, Joshua Feinstein
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Publication Date: 2022-11-07
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 2219 EDA 2020
Trial court properly denied defendants' motion to transfer venue on the basis of forum non conveniens because, while defendant showed inconvenience, there was no showing of oppressiveness and trial court's decision did not rise to the level of overriding or misapplying the law and was not manifestly unreasonable. Affirmed.
Publication Date: 2022-11-07
Practice Area: Personal Injury
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-04062-JMG
Court granted discovery sanctions in the form of default judgment of liability against defendants who had repeatedly failed to respond to discovery requests or appear for deposition and had ceased contact with the court or their own counsel, leaving default judgment the most effective remedy for the prejudice suffered by plaintiff. Plaintiff's motion for sanctions granted.
Publication Date: 2022-11-07
Practice Area: Personal Injury
Industry: Cargo and Shipping | Transportation
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 94 WDA 2022
Defendant Miller Transporters appealed the denial of its motion for arbitration in plaintiff truck driver's action for injuries he suffered while inspecting a tanker-trailer he was to transport for Miller under an equipment lease and transportation agreement and court found inclusion of claims that arose out of "operations pursuant to this Agreement" in the agreement showed a clear intent to encompass all claims arising out of plaintiff's work under the agreement. Reversed and remanded.
Publication Date: 2022-10-31
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Alejandro
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1217
Defendant store moved to dismiss plaintiff's action asserting negligence and violations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law and claims for assault and battery, reckless endangerment, civil conspiracy and negligent infliction of emotional distress based on another customer allegedly hitting him with a shopping cart and court dismissed all claims except for negligence. Motion granted in part and dismissed in part.
Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
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