Opinion Summaries
At Sullivan | Simon, we read and summarize every precedential opinion from all of the state appellate courts in Pennsylvania and New Jersey, as well as the Third Circuit Court of Appeals.
The New Jersey Appellate Division decided a case that dealt with the COVID-19 pandemic’s impact on the statute of limitations in a personal injury matter. The accident occurred on June 21, 2018. The complaint was filed on June 29, 2020, eight days after the expiration of the two-year statute of limitations in N.J.S. 2A:14-2(a). The… Continue reading Barron v. Gersten
In an issue of first impression, the New Jersey Appellate Division considered whether the New Jersey Law Against Discrimination (LAD) applied to claims arising from a sexual predator’s criminal assaults against a young schoolgirl where those crimes were committed on a school bus. Plaintiff was five years old when she was sexually assaulted by a… Continue reading C.V. v. Waterford Twp. Bd. of Educ.
The New Jersey Supreme Court visited a topic near and dear to Sullivan | Simon’s mascot, Sam the Goldendoodle (yes, he is adorable). At issue was the common law rescue doctrine. The Court quoted Judge Cardozo, who described it as follows: “The wrong that imperils life is a wrong to the imperiled victim; it is… Continue reading Samolyk v. Berthe
The Third Circuit waded into an employment issue between FBI agents and the Government. In 2018, the Federal Government went through its most extended shutdown. Federal workers — including FBI agents — did not get paid. When the Government reopened, the agents received back pay and contributions into their Thrift Savings Plan retirement accounts. The… Continue reading Doe v. United States
The Third Circuit affirmed the defendant’s conviction for cyberstalking but reversed the District Court’s restitution order. After an interview with someone at Georgetown Law went poorly, and the school rejected his application, the defendant mounted a cyberstalking campaign against the interviewer. The Government indicted him for this conduct, and he pleaded guilty. The defendant claimed… Continue reading United States v. Yung
The Pennsylvania Commonwealth Court affirmed the Workers’ Compensation Judge’s (WCJ) decision and order. The WCJ granted a modification petition filed by Respondent UPMC Magee Women’s Hospital and changed Claimant’s benefit status from total to partial based on a December 3, 2019, Impairment Rating Evaluation. The Commonwealth Court held that, following its decision in Pierson v.… Continue reading DiPaolo v. UPMC Magee Women’s Hosp. (Workers’ Comp. Appeal Bd.)
The Pennsylvania Superior Court quashed this appeal from a verdict entered after a landlord-tenant dispute. The lower court rendered a verdict in favor of the landlord after the tenant failed to appear for the arbitration and trial. When the lower court reduced the matter to an order, it stated that the tenant had “no right… Continue reading Jenkins v. Robertson
The New Jersey Appellate Division affirmed the Chancery Division’s order that ruled the plaintiffs lacked standing and their substantive challenge lacked merit. At issue was New Jersey’s Medical Aid in Dying for the Terminally Ill Act, which permits an adult with a terminal illness and whose physician has determined that they have a life expectancy… Continue reading Petro v. Platkin
The Pennsylvania Commonwealth Court vacated the State Board of Property’s order, which sustained the preliminary objections of the Pennsylvania Department of Conservation and Natural Resources to the Bussards’ Amended Petition Seeking Confirmation of Ownership of Real Property and dismissed the Amended Petition with prejudice. The Bussards and the Department relied on competing chains of title… Continue reading Brussard v. Pa. Dep’t of Conservation and Nat. Res.