Publications
Pennsylvania Superior Court holds in Tincher II that it is reversible error to instruct the jury on the “any element” product defect test and “defendant as guarantor” safety language.
In its landmark 2014 decision, Tincher v. Omega Flex (Tincher I), the Pennsylvania Supreme Court altered the framework for determining when a product is considered defective.
Case Law Alerts, 2nd Quarter, April 2018
Thinking of passing a slow moving tractor trailer? Hurry up! No, wait!
The court (Kings Supreme) denied the defendants’—Crown Petroleum Transportation, LLC and Rubian Kumar, the owner operator of the tractor-trailer—motion for summary judgment seeking a dismissal of the plaintiff’s complaint f
Case Law Alerts, 2nd Quarter, April 2018
The Pennsylvania Supreme Court accepts review to determine the discoverability of pre-litigation exchange of emails between attorneys and a public relations firm.
The Pennsylvania Supreme Court granted review to determine whether or not the Pennsylvania Superior Court committed an error of law in: (1) holding that a health care system client waives the work-product protection when its counsel exchanges pre-
Case Law Alerts, 2nd Quarter, April 2018
Attorney inadvertence in failing to comply with the affidavit of merit statute cannot establish extraordinary circumstances.
The plaintiffs failed to provide an Affidavit of Merit within the required 120 days. The trial court granted the defendant’s motion to dismiss.
Case Law Alerts, 2nd Quarter, April 2018
Court affirms and expands applicability of governmental immunity affirmative defense for private engineering firms.
Private engineering firms hired to perform a traditional government function of code enforcement for a township are protected from negligence claims by the affirmative defense of governmental immunity under § 8541, et seq.
Case Law Alerts, 2nd Quarter, April 2018
Section 725.06, Florida Statutes, does not apply to contract for excavation not associated with construction, alteration, repair or demolition of a structure.
The trial court held that § 725.06, Florida Statutes, did not apply to a contract between an excavation subcontractor and a general contractor for work involving excavation to access pre-existing utility lines.
Case Law Alerts, 2nd Quarter, April 2018
The introduction of a writing assessment into an application process is not per se discriminatory under Title VII of the Civil Rights Act of 1964.
On appeal from a grant of summary judgment, the Third Circuit Court of Appeals affirmed the decision of the District Court, granting judgment in favor of the defendant on the plaintiff’s claims of race and gender discrimination and retaliati
Case Law Alerts, 2nd Quarter, April 2018
Internal disagreement over manner of operating business operations is insufficient for purposes of asserting a CEPA Whistle Blowing claim.
The plaintiff was terminated following his refusal to accept a promotion. The job was then offered to another employee.
Case Law Alerts, 2nd Quarter, April 2018
A Title VII claim is not established when claiming a single comment, which did not affect the conditions of employment.
On two occasions the plaintiff’s assistant general manager told plaintiff to “speak English.” The plaintiff reported the comments to the general manager, who spoke to the assistant general manager and issued the assistant general
Case Law Alerts, 2nd Quarter, April 2018
Severe or pervasive requirement not met for hostile work environment claim stemming from a single sexist remark overheard by the plaintiff.
The plaintiff worked as a hostess at a restaurant. During the course of her employment, she overheard her manager use an obscene, sexist term in referring to a group of female customers.
Case Law Alerts, 2nd Quarter, April 2018