Palmiter v. Commonwealth Health Sys.

In a companion case to Quincy Clinic Co. v. Palmiter, which we summarized last week, the Pennsylvania Superior Court held that the Medical Marijuana Act (“MMA”) creates a private remedy for violations of § 2103 of the Act, which focuses on protecting employee-patients certified to use medical marijuana from employers who would penalize them for … Read more

Scranton Quincy Clinic Co. v. Palmiter

This case presented the Pennsylvania Superior Court with an issue of first impression: Whether the Medical Marijuana Act (“MMA”) creates a private remedy for violations of § 2103 of the Act, which focuses on protecting employee-patients certified to use medical marijuana from employers who would penalize them for availing themselves of the benefits conferred by … Read more

Van Divner v. Sweger

Van Divner sued Sweger and Progressive Insurance Co. after a car accident. The trial court granted Progressive’s preliminary objections and transferred venue per its interpretation of the forum selection clause in Van Divner’s auto insurance policy. The Pennsylvania Superior Court reversed, finding that the trial court erroneously construed the forum selection clause in the policy.

Penn Psychiatric Ctr., Inc. v. United States Liab. Ins. Co.

This was an appeal from an order dismissing an insurance coverage action. Penn Psychiatric (Insured) claimed that it was entitled to coverage under an employment practices insurance policy for an action brought against Insured and one of its therapists by two former patients who had no employment relationship with Insured. The trial court sustained United … Read more

Weeks v. Dep’t of Human Servs.

In Weeks v. Dep’t of Human Servs., the petitioners filed a class action to have Act 12 of 2019 declared unconstitutional, and its enforcement enjoined. Act 12 eliminated the General Assistance cash benefit program. The Pennsylvania Commonwealth Court sustained the Department’s preliminary objections and ruled that the petition for review failed to state a claim … Read more

Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs.

In Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs., Petitioners, who are medical providers licensed to provide abortion services, filed a petition for review seeking declaratory and injunctive relief, asserting that Sections 3215(c) and (j) of the Abortion Control Act are unconstitutional because they discriminate against pregnant women enrolled in Medical Assistance who … Read more

Sayers v. Heritage Valley Medical Group, Inc.

In Sayers v. Heritage Valley Medical Group, the Pennsylvania Superior Court affirmed the Court of Common Pleas’ order sustaining the defendants’ preliminary objections. The defendants alleged that the plaintiff failed to toll the statute of limitations through the issuance of a writ of summons. The defendants raised this failure in preliminary objections. The plaintiffs did … Read more

Khalil v. Cole

In Khalil v. Cole, the PA Superior Court held that shifting the names of an underlying legal doctrine from lis pendens to res judicata in Preliminary Objections was proper, that the operative facts and issues raised by the plaintiff in another lawsuit still pending before the Superior Court on appeal are the same, and that the trial … Read more

Gustafson v. Springfiled

In Gustafson v. Springfield, while he with a gun, one juvenile shot and killed his young friend. The deceased boy’s parents sued the gun manufacturer and alleged that, under the common law of Pennsylvania, the gun-industry defendants were negligent and strictly liable for manufacturing and/or selling a defectively-designed handgun that caused their son’s death. The PA Superior … Read more