Publications
Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form
The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and defendant-facility as to venue and transferred the case to the Bucks County Co
A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability for a Child’s Brain Injury
The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for judgment notwithstanding the verdict, new trial, and remitter.
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred.
Florida Appellate Court Clarifies Accrual of Employment Discrimination Claims Dually Filed with EEOC and FCHR
The trial court entered summary judgment in favor of the employer, who argued that the employee’s disability discrimination claim was time-barred as it was filed 483 days after receiving the Equal Employment Opportunity Commission (EEOC)’s right-t
Ohio Appeals Court Affirms Class Certification in Auto Insurance Total Loss Valuation Dispute; Ohio Supreme Court Review Pending
The plaintiffs filed a class action lawsuit in the Cuyahoga County Common Pleas Court, alleging that an insurer’s use of projected sold adjustments (PSA) in calculating the actual cash value (ACV) of vehicles when settling total loss claims was ar
Superior Court Enforces Forum Selection Clause, Dismissing UTPCPL Claim and Transferring Breach of Contract and Bad Faith Claims Against Carrier to Insured’s Home County
The plaintiff, Robert Mark Winner, was rear-ended by another driver and suffered alleged injuries. Winner brought a claim against the other driver and also notified his own auto insurer, Progressive, that he was making a UIM claim.
Delaware Supreme Court Upholds Dismissal of Legal Malpractice Claims Based on Collateral Estoppel
The Delaware Supreme Court affirmed the Superior Court’s dismissal of the plaintiffs’ legal malpractice claims under the collateral estoppel doctrine.
Court Rejects Qualified Immunity for Detectives Accused of Fabricating Evidence in 1978 Murder Case
In 2008, Lee Evans was charged with the disappearance and murder of five boys in 1978 based on an allegedly coerced confession of one man. A jury acquitted Evans of all charges, and he then brought claims for malicious prosecution.
Court Dismisses Inmate’s § 1983 Civil Rights Complaint as Time-Barred and Legally Deficient
The plaintiff, Javier Gomez, an inmate at SCI-Coal Township, brought a civil rights action under 42 U.S.C. § 1983. Gomez alleged that on July 14, 2022, a fellow inmate, Higgin, assaulted him.