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Publication Date: 2024-02-23
Practice Area: Labor Law
Industry: Health Care | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge McHugh
Attorneys: For plaintiff:
for defendant:
Case Number: 21-5280
Family and Medical Leave Act interference claim was plausible where there were genuine issues of material fact as to whether proposed reassignment following return from leave was substantially equivalent to prior role. Defendants' motion for summary judgment granted in part and denied in part, plaintiff's motion for partial summary judgment denied.
Publication Date: 2024-02-23
Practice Area: Litigation
Industry: Health Care | Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Woods-Skipper
Attorneys: For plaintiff:
for defendant:
Case Number: 00189
In this §1925(a) opinion, the court asked the Superior Court to dismiss the appeal of its order approving a petition to settle wrongful death and survivor action including the court's directive that attorneys' fees and costs in dispute be deposited in escrow pending resolution of a dispute pending in Commerce Court in a proper exercise of its judicial discretion pursuant to 42 Pa. C.S. §323.
Publication Date: 2024-02-23
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 1264 EDA 2023
Trial court erred in determining there were no contested issues of fact regarding venue and remand was required for evidence as to whether venue was proper in Philadelphia based on appellant's claim that she served appellee Abreu at her "office or usual place of business" pursuant to Pa.R.C.P. 402(a)(2)(iii). Vacated and remanded.
Publication Date: 2024-02-16
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 19-00528
Defendant medical providers sought summary judgment on plaintiff's claim alleging professional liability regarding treatment of a patient who was suffering a mental illness. The court denied defendants' motion where plaintiff's expert opined that defendants acted in gross deviation from the standard of care for a patient suffering from a delirium, with the result that defendants could be ineligible for the limited immunity afforded under the Mental Health Procedures Act.
Publication Date: 2024-02-16
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Lane
Attorneys: For plaintiff:
for defendant:
Case Number: 2880 EDA 2023
This §1925(a) opinion was submitted by the court in support of its order granting a motion for summary judgment in favor of appellee Cheltenham Nursing in a slip and fall case.
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez
View this BookView more book results for the query "*"
Publication Date: 2024-02-16
Practice Area: Civil Rights
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1597
Defendants moved for summary judgment in plaintiff's Americans with Disabilities Act, Pennsylvania Human Relations Act and Philadelphia Fair Practice Ordinance action based on her termination for refusing a COVID-19 vaccination and court found there was a genuine issue dispute as to whether plaintiff had a disability, whether she was a qualified individual and whether defendants engaged in an interactive process but her retaliation claim failed because she failed to prove any retaliatory motive by defendants and defendants articulated
Publication Date: 2024-02-16
Practice Area: Medical Malpractice
Industry: Health Care
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 3015 EDA 2022
Trial court correctly dismissed medical malpractice action on grounds of judicial estoppel where theory of liability in present case was incompatible and unreconciled with plaintiff's theory of liability in parallel action. Order of the trial court affirmed.
Publication Date: 2024-02-16
Practice Area: Insurance Law
Industry: Health Care | Insurance
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 71 MAP 2021
Insurance rehabilitator possessed broad statutory authority to propose and implement plan for the rehabilitation of a financially-distressed insurer, including when that plan would affect policies issued in other states. Order of the commonwealth court affirmed.
Publication Date: 2024-02-09
Practice Area: Constitutional Law
Industry: Federal Government | Health Care
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 26 MAP 2021
Court overruled precedent upholding constitutionality of Coverage Exclusion in the Abortion Control Act since the exclusion created a discriminatory distinction between the sexes and thus was presumptively unconstitutional under the Equal Rights Amendment. Orders of the commonwealth court reversed, case remanded.
Publication Date: 2024-02-09
Practice Area: Wrongful Death
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2022 CV 1553
Defendant nursing care facility moved for dismissal or, alternatively, suppression of wrongful death plaintiff's evidence as spoliation sanctions for plaintiff's cremation of his mother's body. The court denied the motion where the cremation occurred some two months before an autopsy report revealed a potential professional liability cause of action against defendants, and where defendants had an opportunity to examine the mother's body, and other evidence was available to challenge plaintiff's claims. The court, however, authorized d
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