Oct. 17, 2023
Harrisburg
Mertis v. Oh, 289 A.3d 532 (Pa. Super. 2022), appeal docket 31 MAP 2023
Allocatur granted Mar. 22, 2023. Medical Malpractice; Pa. R.C.P. 4003.6; Opposing Counsel’s Ex Parte Communications with a Party’s Treating Physician
The Supreme Court will consider whether a law firm representing the defendant can have ex parte communications with a non-party treating physician without violating Pennsylvania Rule of Civil Procedure 4003.6.
Allocatur granted June 22, 2022. Zoning; Municipalities Planning Code; Consideration of Zoning Violations in Zoning Application Review
The Supreme Court granted allocatur to consider the approval of a zoning permit application filed with the Borough of Jefferson Hills for a proposed medical center development.
Allocatur granted Jan. 4, 2023. Statute of Limitations; Excuse from Pa. R.C.P. 401 Service Requirements
The Supreme Court will consider whether a complaint not properly and timely served by Sheriff as required by the Pennsylvania Rules of Civil Procedure may be excused, where such failure is not attributable to the Plaintiff and partially due to COVID-19.
In Re: Trust B of Wells, 282 A.3d 1149 (Pa. Super. 2022), appeal docket 5 WAP 2023
Allocatur granted Mar. 7, 2023. Charitable Trust Termination; Settlor’s Intent
In this case of first impression, the Supreme Court will consider termination of a Trust and payment of its assets pursuant to subsection (e) of Pennsylvania’s Charitable Trust Termination Statute, which allows for such remedies where the administrative expense of operating the trust is disproportionate to the charitable benefits bestowed by the trust.
Oberholzer v. Galapo, 274 A.3d 738 (Pa. Super. 2022), appeal docket 104 MAP 2022
Allocatur granted Oct. 24, 2022. Permanent Injunction Standard; Non-defamation Tort; Prior Restraint Doctrine
The Pennsylvania Supreme Court will consider the constitutionality of an injunction prohibiting neighbors from placing non-defamatory signs on their property.
Oct. 18, 2023
Harrisburg
Com. v. Walters, 2022 WL 1016624 (Pa. Super.) (unreported), appeal docket 102 MAP 2022
Allocatur granted Oct. 18, 2022. Medical expert’s reliance on case history to develop opinion to a reasonable degree of medical certainty on cause of murder victim’s death
The Supreme Court will consider whether a medical expert may rely on a process of elimination and the “history of the case” to develop an opinion on the cause of a victim’s death.
Allocatur granted Feb. 6, 2023. Statute of Limitations applicable to accounting claim by a tenant in-common of real property.
The issue in this case is whether the six-year catch-all statute of limitations applies to a claim for an accounting by a tenant in common that is not in possession of real property against the co-tenant that is in possession.
Allocatur granted Jan. 9, 2023. Discretion of trial court to decline to award treble damages under the Unfair Trade Practices and Consumer Protection Law (UTPCPL) where common law punitive damages and statutory attorneys fees were already awarded.
In this case, the Supreme Court will consider a trial court’s discretion in the award of treble damages under the UTPCPL.
Allocatur granted Feb. 15, 2023. Reinstatement of Disability Benefits; Judicial Review of WCAB Determination
The issue in this case is whether the Commonwealth Court, in reversing the Workers Compensation Appeal Board and reinstating the claimant’s total disability benefits, correctly applied the holding of Duffey v. WCAB (Trola-Dyne, Inc.), 152 A.3d 984 (Pa. 2017) (Duffey II) or expanded Duffey II and thereby intruded on the province of the WCAB and substituted the court’s judgment.
For more information, contact Kevin McKeon or Dennis Whitaker.