Publications
Hospital’s board meeting minutes may be protected by attorney-client and peer review privileges, but a Department of Health investigation is not privileged
Michael Yocabet received a kidney transplant from Christina Mecannic. Prior to the transplant, Yocabet did not have Hepatitis C. It was determined after the surgery that UPMC had transplanted a Hepatitis C-infected kidney from Mecannic.
Case Law Alerts, 3rd Quarter, July 2015
A defendant’s answer does not “open the door” to privileged communications
The plaintiff averred in her complaint that an anesthesiologist who performed a pre-surgical evaluation of the decedent was impaired by alcohol at the time of his consult.
Case Law Alerts, 3rd Quarter, July 2015
Treatment records for alcohol abuse protected from discovery, even if person receiving treatment was an intoxicated anesthesiologist who caused the death of the patient
The plaintiff Administratrix of the estate of the deceased surgical patient sued, among others, the anesthesiologist, whom she alleged was intoxicated during the surgery.
Case Law Alerts, 3rd Quarter, July 2015
Failure to obtain transcript of oral argument waives issue on appeal, despite opponent filing that very transcript with its brief on appeal
The district court granted partial summary judgment to Lehman Bros., stating in its opinion that Gateway had abandoned its argument on one aspect of the case during a telephonic oral argument.
Case Law Alerts, 3rd Quarter, July 2015
The Certificate of Merit rule applies only to claims brought by a client against a licensed professional
Pennsylvania Rule of Civil Procedure 1042.1 et seq., the “Professional Liability Actions” Chapter of Rules, adopted in 2004, provides for the filing of a Certificate of Merit in support of a professional liability claim.
Case Law Alerts, 3rd Quarter, July 2015
Condo owner under “joint & several liability” under “Safe Harbor” is only liable for past due assessments as Ch. 718.116(1)(a) and (1)(b) do not permit charging of “late fees, attorneys fees, interests or collection costs” to subsequent owner
Wells Fargo took title August 2012. The Bank requested an estoppel letter from the Association.
Case Law Alerts, 3rd Quarter, July 2015
Investor is not liable for past due assessments owed to the HOA by its predecessor in interest
The Westwood Gardens Homeowner’s Association (HOA) demanded that the investor who purchased two single-family residences at a foreclosure sale pay the HOA for all past due assessments, including those incurred by its predecessor in interest.
Case Law Alerts, 3rd Quarter, July 2015
U.S. Supreme court holds that courts are permitted to judicially review whether the EEOC fulfilled its duty to attempt conciliation prior to initiating a lawsuit
A woman filed a Charge of Discrimination against Mach Mining, alleging that its failure to hire her as a coal miner constituted gender discrimination.
Case Law Alerts, 3rd Quarter, July 2015
U.S. Supreme Court finds that a pregnant employee who was denied a lifting restriction accommodation survives summary judgment when the employer offers similar restrictions to non-pregnant employees who have on-the-job injuries or other disabilities
The U.S.
Case Law Alerts, 3rd Quarter, July 2015
Plaintiff’s attempt to assert a common law wrongful discharge claim against an alleged “joint employer” rejected
A company hired the plaintiff as a laborer and driver and assigned him to work at Lowe’s. The plaintiff injured his ankle approximately two weeks after he was hired and subsequently filed for workers’ compensation benefits.
Case Law Alerts, 3rd Quarter, July 2015