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Weekly Caselaw Updates

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Cascade Funding Mortg. Trust v. Smeltzer

This case had a procedural history only a bankruptcy attorney could stomach. In 2011, the Smeltzers filed a Chapter 13 bankruptcy petition to restructure their debt. In April 2014, the mortgage lender filed a certificate of default claiming that the Smeltzers had defaulted under the terms of a stipulation and…

Cascade Funding Mortg. Trust v. Smeltzer
Pennsylvania Superior Court

This case had a procedural history only a bankruptcy attorney could stomach. In 2011, the Smeltzers filed a Chapter 13 bankruptcy petition to restructure their debt. In April 2014, the mortgage lender filed a certificate of default claiming that the Smeltzers had defaulted under the terms of a stipulation and requested relief from the bankruptcy… Continue reading Cascade Funding Mortg. Trust v. Smeltzer

Capstone Capital Grp., LLC v. Alexander Perry, Inc.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the denial of an attempt to open a foreign default judgment. Appellants signed a settlement agreement and executed an affidavit for confession of judgment for $53,400 plus interest payable in the event of default on the settlement agreement. Following Appellants’ failure to pay the settlement amount, Capstone instituted an action… Continue reading Capstone Capital Grp., LLC v. Alexander Perry, Inc.

Kimble v. Laser Spine Inst., LLC
Pennsylvania Superior Court

Were the defendants using chicanery or proper civil procedure to avoid a $10 million verdict? A patient died hours after surgery from the anesthesia at the Laser Spine Institute. The decedent’s husband brought wrongful death and survival actions against the anesthesiologist, Laser Spine Institute, LLC, Laser Spine Institute Philadelphia, and Laser Spine Institute of Pennsylvania,… Continue reading Kimble v. Laser Spine Inst., LLC

Talley v. Wetzel
3rd Circuit

In an opinion full of allusions to baseball, the Third Circuit worked to clarify what constitutes a strike under 28 U.S.C. § 1915. That statute grants prisoners the right to proceed in federal court without prepaying filing fees. But the law revokes the right if the prisoner has three prior actions dismissed because they are… Continue reading Talley v. Wetzel

Dennehy v. East Windsor Reg’l Bd. of Educ.
New Jersey Appellate Division

Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach’s failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate reversed and ruled that the… Continue reading Dennehy v. East Windsor Reg’l Bd. of Educ.

Russell v. Educ. Comm’n for Foreign Med. Graduates
3rd Circuit

The Third Circuit reversed the District Court’s order that certified an “issue class” pursuant to Federal Rule of Civil Procedure 23(c)(4). The defendant is a nonprofit agency that certifies graduates of foreign medical schools to do their residencies in the United States. One graduate applied several times, each time using an alias. His trickery was… Continue reading Russell v. Educ. Comm’n for Foreign Med. Graduates

Sullivan v. Holy Redeemer Hosp. and Med. Ctr.
Pennsylvania Superior Court

Plaintiff (no relation to S | S), a nurse manager who worked in Defendants’ operating room, received a tetanus vaccination from Defendants’ Emergency Department. After the injection, Plaintiff experienced severe burning and tingling pain in the back of her shoulder and neck. Plaintiff could not complete her work shift that day and sought medical treatment… Continue reading Sullivan v. Holy Redeemer Hosp. and Med. Ctr.

Wiley v. Brooks
Pennsylvania Superior Court

A family squabble ended up as a lesson in contracts taught by the Pennsylvania Superior Court. A father gifted his daughter and son-in-law some land and funded the subdivision of that land. The newlyweds agreed to re-pay him $55,000 but never did. Eventually, the mother and the newlyweds executed a promissory note for the debt… Continue reading Wiley v. Brooks

Franks v. State Farm Mut. Auto. Ins. Co.
Pennsylvania Superior Court

This case presented the Pennsylvania Superior Court with a matter of first impression: Whether the removal of a vehicle from an auto insurance policy providing non-stacked UIM coverage for three vehicles constituted the “purchase” of coverage as contemplated by section 1738(c) of the Motor Vehicle Financial Responsibility Laws (MVFRL), such that the insured must be… Continue reading Franks v. State Farm Mut. Auto. Ins. Co.

Beasley v. Howard
3rd Circuit

While not on the scale of Tupac vs. Biggie, this case involved a dispute amongst musicians. David Beasley and William Howard are embroiled in a long-running dispute over the rights to the band name “Ebonys.” Beasley filed two petitions before the Trademark Trial and Appeal Board (“TTAB”) to cancel Howard’s registered THE EBONYS trademark. The… Continue reading Beasley v. Howard