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Weekly Caselaw Updates

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Mortimer v. McCool

The Pennsylvania Supreme Court  examined the doctrine of piercing the corporate veil, which the Court glossed as an area “among the most confusing in corporate law.” In 2007, Mortimer was permanently injured when a drunk driver hit her car. The driver had been served by employees of the Famous Mexican…

Mortimer v. McCool
Pennsylvania Supreme Court

The Pennsylvania Supreme Court  examined the doctrine of piercing the corporate veil, which the Court glossed as an area “among the most confusing in corporate law.” In 2007, Mortimer was permanently injured when a drunk driver hit her car. The driver had been served by employees of the Famous Mexican Restaurant. The Restaurant owners had… Continue reading Mortimer v. McCool

Discover Bank v. Booker
Pennsylvania Superior Court

Booker appealed the judgment for Discover Bank for $6,765.47 plus interest. The Pennsylvania Superior Court affirmed. First, Booker alleged the trial court erred in finding an express contract between the parties. The Superior Court concluded that Booker’s card application supported the trial court’s finding that the parties contracted for Booker’s card use per Discover’s terms… Continue reading Discover Bank v. Booker

Romero v. Gold Star Distribution, LLC
New Jersey Appellate Division

Romero, an MMA athlete, sued Gold Star, alleging negligence, products liability, and other claims. The trial court entered a default judgment and awarded $9 million in damages. The court subsequently denied Gold Star’s motion to vacate the default judgment. The New Jersey Appellate Division affirmed the trial court’s denial of Gold Star’s motion to vacate.… Continue reading Romero v. Gold Star Distribution, LLC

Bert Co. v. Turk
Pennsylvania Superior Court

In Bert Co. v. Turk, the Pennsylvania Superior Court confronted a question of first impression in Pennsylvania: How should courts calculate the ratio(s) of damages when multiple defendants claim the punitive damages against them are unconstitutionally excessive? The issue arose because an employee of an insurance brokerage conspired with a competitor to destroy his current… Continue reading Bert Co. v. Turk

Mazzie v. Lehigh Valley Hosp.
Pennsylvania Superior Court

In Mazzie v. Lehigh Valley Hosp., the defendants in a medical negligence matter appealed after a jury found in favor of the plaintiffs. The defendants claimed that they should have been awarded a JNOV because the plaintiff’s expert did not testify “to a reasonable degree of medical certainty” that the defendants’ actions caused the injury.… Continue reading Mazzie v. Lehigh Valley Hosp.

Povrzenwich v. Ripepi
Pennsylvania Superior Court

In Povrzenwich v. Ripepi, a medical malpractice suit, Plaintiff appealed the judgment entered in her favor. Plaintiff, the verdict winner below, contended that she was entitled to a new trial limited to damages because the trial court erroneously precluded the testimony of her expert life care planner, a nurse, as to Plaintiff’s future medical expenses.… Continue reading Povrzenwich v. Ripepi

Nelson v. Elizabeth Bd. of Educ.
New Jersey Appellate Division

Nelson v. Elizabeth Bd. of Educ. was an appeal from a trial for breach-of-contract between a school board and its former in-house counsel. The Appellate Division questioned whether the Rules of Professional Conduct prohibited in-house counsel from bringing a breach of contract suit against his employer. The parties had entered into a three-year employment contract,… Continue reading Nelson v. Elizabeth Bd. of Educ.

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s… Continue reading Clark v. Nenna

Sun Chem. Corp. v. Fike Corp.
3rd Circuit

After receiving an answer to its certified question from the New Jersey Supreme Court, the 3rd Circuit ruled in Sun Chem. Corp. v. Fike Corp. The Court had to determine whether the nature of the actions Sun Chemical brought regarding an industrial accident was based on “something was wrong” with a piece of equipment, or… Continue reading Sun Chem. Corp. v. Fike Corp.

Mader v. Duquesne Light Co.
Pennsylvania Supreme Court

In Mader v. Duquesne Light Co., the Pennsylvania Supreme Court considered the limits on a trial court’s discretion to order a new trial on all damages where a jury’s award on certain damages was based on stipulations or was otherwise unimpeachable. The Court held that a jury’s award of certain types of damages may be… Continue reading Mader v. Duquesne Light Co.