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 recently had been served by employees of the Famous Mexican Restaurant. The Restaurant owners … Read more

Discover Bank v. Booker

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 … Read more

Romero v. Gold Star Distribution, LLC

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. … Read more

Bert Co. v. Turk

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 … Read more

Mazzie v. Lehigh Valley Hosp.

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. … Read more

Povrzenwich v. Ripepi

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. … Read more

Nelson v. Elizabeth Bd. of Educ.

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, … Read more

Clark v. Nenna

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 … Read more

Mader v. Duquesne Light Co.

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 … Read more