Gov’t Emp. Ret. Sys. of the Virgin Islands v. Gov’t of the Virgin Islands

In Gov’t Emp. Ret. Sys. of the Virgin Islands v. Gov’t of the Virgin Islands, the Third Circuit reviewed a challenge from the Virgin Islands’ public pension system against the territory’s government for failing to fund the pensions system properly. The Third Circuit affirmed the District Court’s award of principal owed but reversed the District Court’s … Read more

Hamer v. Livanova Deutschland GMBH, KFA

In Hamer v. Livanova Deutschland GMBH, KFA, Plaintiff filed a claim in the Eastern District of Louisiana (EDLa) alleging injuries due to Defendant’s failure to warn, inadequate product design, and other violations. The Judicial Panel on Multidistrict Litigation (JPML) transferred the case and other cases alleging injuries caused by Defendant’s product to Multidistrict Litigation number … Read more

Gibson v. State Farm Mut. Auto. Ins. Co.

In Gibson v. State Farm Mut. Auto. Ins. Co., the Third Circuit confronted an issue of Pennsylvania law regarding underinsured motorist coverage. Under 75 Pa.C.S. § 1734, an insured Pennsylvanian can reduce her premium by opting for a lower amount of UIM so long as she makes a “request in writing.” Here, the insured had … Read more

Peroza-Benitez v. Smith

In Peroza-Benitez v. Smith, Plaintiff sued members of the City of Reading Police Department pursuant to 42 U.S.C. § 1983, alleging violations of his rights under the Fourth and Fourteenth Amendments of the  U.S. Constitution. Plaintiff also asserted battery claims under Pennsylvania common law. Defendants moved for summary judgment on the grounds of qualified immunity, … Read more

Newman & Co. v. City of Philadelphia

In Newman & Co. v. City of Philadelphia, the Commonwealth Court heard an appeal from the Court of Common Pleas’s order dismissing the plaintiff’s suit seeking declaratory relief. The plaintiff claimed fee simple ownership or, in the alternative, an easement in a disputed strip of property currently owned by the city but had been a … Read more

Young v. Lippl

Young sued Lippl and claimed that Lippl’s legal malpractice caused her to lose an arbitration. A jury returned a verdict for Young. In the cross-appeal of Young v. Lippl, the parties appealed from different aspects of the judgment. The Pennsylvania Superior Court affirmed but remanded for the limited purpose of calculating and awarding post-judgment interest. … Read more

Simko v. United States Steel Corp

In Simko v. United States Steel Corp, an employment discrimination case, Plaintiff asserted a claim of retaliation against his former employer under the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. In 2013, Plaintiff signed an Equal Employment Opportunity Commission (EEOC) charge alleging only discrimination based on disability in violation of the ADA … Read more

Yagnik v. Premium Outlet Partners, LP

In Yagnik v. Premium Outlet Partners, LP, the New Jersey Appellate Division reviewed an order from the Law Division that held affidavits of merit were timely even though they were filed more than 120 days after a defendant-engineer answered the original complaint. The Law Division ruled that the affidavits were timely because they were filed … Read more

Franco v. Dickinson

If you have a child who will attend or currently goes to college, read Franco v. Dickinson. In this appeal, the New Jersey Appellate Division answered questions concerning the scope of the duty owed to an adult who is not old enough to drink legally but who nonetheless drinks alcohol to excess and injures himself … Read more