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Weekly Caselaw Updates

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HTR Rest., Inc. v. Erie Ins. Exch.

The Pennsylvania Superior Court addressed what will surely be a booming business for litigators in the coming years: lawsuits filed by companies seeking coverage for losses related to COVID-19 shutdowns. The Court reviewed an order from the Allegheny County Court of Common Pleas consolidating numerous similar cases against Erie Insurance…

HTR Rest., Inc. v. Erie Ins. Exch.
Pennsylvania Superior Court

The Pennsylvania Superior Court addressed what will surely be a booming business for litigators in the coming years: lawsuits filed by companies seeking coverage for losses related to COVID-19 shutdowns. The Court reviewed an order from the Allegheny County Court of Common Pleas consolidating numerous similar cases against Erie Insurance Exchange filed by its insureds… Continue reading HTR Rest., Inc. v. Erie Ins. Exch.

Int’l Brotherhood of Elec. Workers Local 400 v. Borough of Tinton Falls
New Jersey Appellate Division

The New Jersey Appellate Division affirmed the Law Division’s order dismissing a union’s complaint seeking declaratory relief. The union sought to halt work on a massive solar panel installation that its workers were not involved in. But the project was on a federal military base and not on state or local land. The Appellate Division… Continue reading Int’l Brotherhood of Elec. Workers Local 400 v. Borough of Tinton Falls

Doe v. The College of N.J.
3rd Circuit

In Doe v. The College of N.J., the Third Circuit confronted a unique issue: whether the plaintiff should be permitted to proceed anonymously with her discrimination claim. She alleged her employer discriminated based on her gender, national origin, and pregnancy. The Court agreed with the plaintiff that the trial court’s order denying her permission to… Continue reading Doe v. The College of N.J.

Barber v. Stanko
Pennsylvania Superior Court

In the second Barber v. Stanko opinion issued the same day, the Pennsylvania Superior Court again sided with a minor whose father sold $1.5 million in structured settlement funds owed to the son. The minor was involved in a car crash when he was three years old. The crash killed his mother. The Allegheny County… Continue reading Barber v. Stanko

Barber v. Stanko
Pennsylvania Superior Court

In Barber v. Stanko, the Pennsylvania Superior Court confronted a tangled morass of a case involving a structured settlement. The payee was a minor whose father sold more than $1.5 million of that settlement to third parties. The facts are equal parts unfortunate and convoluted, but in the end, the minor sought to coordinate the… Continue reading Barber v. Stanko

Woodford v. Commonw. of Penn. Ins. Dept.
Pennsylvania Supreme Court

In Woodford v. Commonw. of Penn. Ins. Dept.,  the Pennsylvania Supreme Court was called on to decide whether an insurance broker violated the state’s Insurance Department Act of 1921 by charging customers a non-refundable application fee. The Insurance Commissioner and a panel of the Commonwealth Court agreed that 40 P.S. §310.74(b) prohibited the fee. And… Continue reading Woodford v. Commonw. of Penn. Ins. Dept.

In re Plavix Mktg., Sales Practices and Prod. Liab. Litig.
3rd Circuit

Rarely can this be said, but the 3rd Circuit issued a pleasant and easy-to-read opinion in the qui tam action in In re Plavix Mktg., Sales Practices and Prod. Liab. Litig. First, the Court held that the first-to-file bar in  31 U.S.C. § 3730 is not jurisdictional. The 3rd Circuit also ruled that a partnership created solely… Continue reading In re Plavix Mktg., Sales Practices and Prod. Liab. Litig.

Adams v. Erie Ins. Co.
Pennsylvania Superior Court

In Adams v. Erie Ins. Co., the Superior Court quashed the appeal because a final judgment pursuant to Pennsylvania Rule of Civil Procedure 227.4 had not been entered by the trial court.

Repko v. Our Lady of Lourdes Med. Ctr., Inc.
New Jersey Appellate Division

In Repko v. Our Lady of Lourdes Med. Ctr., Inc., the plaintiff’s counsel filed a tort action not knowing that his client had died nine months earlier. Upon learning of the plaintiff’s passing, and well after the statute of limitations expired, counsel tried to amend the complaint to reflect the deceased’s estate as the plaintiff… Continue reading Repko v. Our Lady of Lourdes Med. Ctr., Inc.

Scalla v. KWS, Inc.
Pennsylvania Superior Court

Persuasive legal writing matters. Don’t believe us, ask KWS, Inc. In Scalla v. KWS, Inc., the Superior Court issued a thorough dressing-down of the company’s attempt to reopen a default judgment after its employee purposefully ignored service. KWS, Inc., filed its petition to reopen default judgment late; it filed prolix reply briefs and sur-reply briefs… Continue reading Scalla v. KWS, Inc.