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Weekly Caselaw Updates

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Commonwealth v. Monsanto Co.

An en banc panel of the Commonwealth Court reviewed preliminary objections in an environmental action filed by the state against Monsanto and its successors for public nuisance, trespass, design defect, failure to warn and instruct, negligence, and unjust enrichment for the company's PCB contamination of the state's waters. In an…

Commonwealth v. Monsanto Co.
Pennsylvania Commonwealth Court

An en banc panel of the Commonwealth Court reviewed preliminary objections in an environmental action filed by the state against Monsanto and its successors for public nuisance, trespass, design defect, failure to warn and instruct, negligence, and unjust enrichment for the company’s PCB contamination of the state’s waters. In an 84-page opinion, the Court ruled… Continue reading Commonwealth v. Monsanto Co.

Mallory v. Norfolk Southern Railway Co.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court issued an opinion straight out of your first-year CivPro book. Pennsylvania requires any corporation that does business in the state to register with the Department of State. The Judiciary and Judicial Procedure Title renders any corporation registered with the state subject to the courts’ personal jurisdiction. Here, a Virginia resident filed… Continue reading Mallory v. Norfolk Southern Railway Co.

Yasin v. Att’y Gen.
3rd Circuit

The Third Circuit ruled that it did not have jurisdiction to review the Board of Immigration Appeals’ (“BIA”) decision whether to waive a statute of limitations period and consider a motion to reopen removal proceedings. Yasin, a citizen and native of Pakistan, entered the United States over two decades ago. In 2002, he became subject… Continue reading Yasin v. Att’y Gen.

United States v. Vastardis
3rd Circuit

The Third Circuit returned to the high seas when it held that, though the defendant could not be convicted in a U.S. Court for crimes occurring in international water, the crimes here occurred in U.S. waters. Thus, the Court affirmed the defendant’s convictions. The United States requires ocean-going tank vessels to maintain an “oil record… Continue reading United States v. Vastardis

Nederland Shipping Corp. v. United States
3rd Circuit

This case is about the Reefer. No, not that kind of Reefer. The shipping vessel M/V Nederland Reefer was held off the coast of Delaware for more than two weeks while its perishable cargo went bad. The owners of the Reefer agreed to post a $1 million surety bond to cover any potential fines regarding… Continue reading Nederland Shipping Corp. v. United States

Commonwealth v. Green
Pennsylvania Superior Court

The Pennsylvania Superior Court quashed the appeal of a trial court’s order because the trial court did not have jurisdiction to render the decision. The Commonwealth charged a juvenile as an adult with murder. He filed a petition to decertify the case. 50 days after the hearing, the trial court granted the petition. The Commonwealth… Continue reading Commonwealth v. Green

Estate of Maglioli v. Alliance HC Holdings LLC
3rd Circuit

The Third Circuit ruled that the federal courts lacked jurisdiction over these wrongful death claims. The estates of the deceased filed wrongful death lawsuits against nursing homes. The estates sued in state court and asserted only garden-variety state-law claims. The nursing homes attempted to remove the cases to federal court. The District Court dismissed for… Continue reading Estate of Maglioli v. Alliance HC Holdings LLC

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