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Weekly Caselaw Updates

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Winton v. Pa. DOC

The Pennsylvania Commonwealth Court re-affirmed the holding that the Prison Rape Elimination Act (PREA) does not provide a private right of action. Winton sought relief concerning the Department of Corrections’ handling of his allegations that another inmate sexually abused him. In joint Preliminary Objections, the Department and the Attorney General…

The Pennsylvania Commonwealth Court re-affirmed the holding that the Prison Rape Elimination Act (PREA) does not provide a private right of action. Winton sought relief concerning the Department of Corrections’ handling of his allegations that another inmate sexually abused him. In joint Preliminary Objections, the Department and the Attorney General asserted that any determination the… Continue reading Winton v. Pa. DOC

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.

Hepp v. Facebook
3rd Circuit

Appellant Karen Hepp hosts FOX 29’s Good Day Philadelphia. Hepp sued Facebook, Reddit, and Imgur. She alleged each defendant violated her right of publicity under Pennsylvania law. Hepp’s allegations centered on two sets of posts featuring her photograph taken without her consent. The first post—which was an advertisement for a dating app—appeared on Facebook. The… Continue reading Hepp v. Facebook

Mohn v. Bucks Co. Republican Comm.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court decided courts should stay out of this fray amongst local Republican party members. Appellant was a Republican committeeperson of Appellee, the Bucks County Republican Committee. After his election, the acting chairman of Appellee’s Ethics Committee sent a letter to Appellant advising him that two people had lodged complaints against him. The… Continue reading Mohn v. Bucks Co. Republican Comm.

Vuyanich v. Smithton Borough
3rd Circuit

The Vuyaniches treated their property as a junkyard. This resulted in misdemeanor criminal charges against one of the homeowners for creating a public nuisance. The surrounding borough sought to clean up the property while the charges were pending. A Pennsylvania state court judge authorized the borough to do so after giving the homeowner a brief… Continue reading Vuyanich v. Smithton Borough

Carlino East Brandywine, L.P. v. Brandywine Village Associates
Pennsylvania Superior Court

Carlino sued, alleging causes of action for breach of contract and other claims. Without moving to compel any specific production request, Carlino filed a motion to compel the defendants to produce all attorney-client privileged and attorney work product documents relating to the subjects of the underlying litigation in response to its first set of production… Continue reading Carlino East Brandywine, L.P. v. Brandywine Village Associates

The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the second-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas… Continue reading Dockery v. Wolf

The Pennsylvania Superior Court heard an appeal taken after the Court of Common Pleas granted the defendant’s preliminary objections, thereby dismissing the action. The plaintiff and defendant got into a bar fight, which ended when the plaintiff fell backward and struck his head on a gate. The plaintiff was charged criminally, convicted, and sentenced. As… Continue reading Clark v. Peugh

The Pennsylvania Commonwealth Court, acting in its original jurisdiction, granted Governor Tom Wolf’s preliminary objections because the Court lacked subject matter to jurisdiction to review a claim that the first-degree murder penalty statute the plaintiff was sentenced under was unconstitutional. The Court found that the claim should be brought in the Court of Common Pleas… Continue reading Henry v. Wolf

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