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
In Heart Care Consultants v. Albataineh, the Superior Court rejected the plaintiffs’ arguments about the applicability of the law of the case doctrine, ruling that the plaintiffs’ claims were barred pursuant to the doctrines of res judicata and election of remedies.
In Hay Grp. v. Schneider, the Third Circuit held that the District Court erred in granting summary judgment on the basis that Hay was precluded by German law from bringing the action. On a different claim involving contract assignment, however, since Hay’s claim sought to functionally undo the German litigation, the Court affirmed summary judgment … Read more
The mortgagee filed a foreclosure suit against the mortgagor, but a nonsuit was granted after the lower court found that the mortgagee failed to give proper notice under Act 91. The mortgagee then issued proper notice and filed a nearly-identical foreclosure suit. The trial court held that the action was barred by res judicata. The … Read more
Upon reaching the age of majority, the appellant and a guardian filed a joint petition to discharge the guardian’s stewardship of the appellant’s estate, which included nearly $1 million from a lawsuit. On May 8, 2014, the Orphans’ Court granted the petition. In December of 2018, the appellant filed the instant action, seeking an accounting … Read more