The Pennsylvania Superior Court determined that the trial court correctly applied Pennsylvania Rule of Civil Procedure 1035.2 in granting the defendant's motion for summary judgment. The plaintiff sued the defendant, claiming legal malpractice. Two days after the expired deadline for producing the plaintiff's expert reports, the defendant moved for summary…
The Pennsylvania Superior Court determined that the trial court correctly applied Pennsylvania Rule of Civil Procedure 1035.2 in granting the defendant’s motion for summary judgment. The plaintiff sued the defendant, claiming legal malpractice. Two days after the expired deadline for producing the plaintiff’s expert reports, the defendant moved for summary judgment. The trial court granted… Continue reading True Railroad Realty, Inc. v. McNees Wallace and Nurick, LLC
The New Jersey Appellate Division affirmed the lower court’s judgment, which awarded the plaintiff damages for her mother’s death due to peritoneal mesothelioma. The plaintiff sued Ford and seven other defendants. A jury returned a verdict in the plaintiff’s favor. Ford appealed and argued that the trial court erred in ruling that the company violated… Continue reading Marino v. Abex Corp.
The New Jersey Appellate Division was confronted with the issue of whether the general policies recognized by the Court Rules that support broad discovery between parties to the litigation necessarily apply with an equal voice to discovery demanded from non-parties. Here, an anaerobic biodigester facility in Trenton filed suit against a company it contracted with… Continue reading Trenton Renewable Power, LLC v. Denali Water Solutions, LLC
The State charged the defendant with conspiring to kidnap and murder the grandson of a former Camden City Council member. At the detention hearing, the State had minimal evidence to support the charges, but the judge found probable cause based primarily on still shots captured from a surveillance camera at a convenience store. The defendant… Continue reading State v. Carr
The New Jersey Appellate Division issued a critical decision regarding discovery and parties’ tax returns. Under the Court’s ruling in Ullmann v. Hartford Fire Ins. Co., a party seeking tax returns in discovery must meet a heightened standard outlined in a three-part test. Here, in a wrongful discharge action, the plaintiff sought the tax returns… Continue reading Parkinson v. Diamond Chemical Co., Inc.
In this medical negligence action, the Pennsylvania Supreme Court addressed whether certain portions of a hospital’s credentialing file for the doctor who performed a patient’s surgery are protected from discovery. After the plaintiff suffered injuries related to complications from surgery, he claimed that the hospital’s credentialing and privileging process was inadequate and that it knew… Continue reading Leadbitter v. Keystone Anesthesia Consultants, Ltd.
After a car accident, the Fishers sued Mr. Green and included an underinsured motorists claim against Erie Insurance. The trial court ordered an in camera review of certain documents after Erie objected to a discovery request. Erie filed an interlocutory appeal and argued that the order for an in camera review was immediately appealable under… Continue reading Fisher v. Erie Ins. Exchange
In 1991, the defendant was convicted of a murder that occurred in 1975. A major piece of the prosecution’s case was a letter produced by the defendant’s father-in-law that purported to be from the defendant to his wife in which he made an inculpatory statement. Decades later, on collateral attack, the defendant moved to compel… Continue reading State v. Szemple
The New Jersey Appellate Division reversed an order from the Law Division that granted in part the State’s motion to redact the victim’s address from discovery. Defense counsel sought to have the victim’s address made available to his investigators but not the defendant. The Appellate Division held that the order failed to adequately consider the… Continue reading State v. Ramirez
In 2015, Mr. Virnelson fell to his death while working as an employee of Johnson Matthey Inc. (“JMI”) at JMI’s pharmaceutical plant in Conshohocken. Plaintiff Tonia Virnelson sued to recover for the death of her husband. The complaint alleged that JMI’s inadequate safety practices at the plant caused Virnelson’s death and that the pressure filter… Continue reading Virnelson v. Johnson Matthey Inc.