A family squabble ended up as a lesson in contracts taught by the Pennsylvania Superior Court. A father gifted his daughter and son-in-law some land and funded the subdivision of that land. The newlyweds agreed to re-pay him $55,000 but never did. Eventually, the mother and the newlyweds executed a…
A family squabble ended up as a lesson in contracts taught by the Pennsylvania Superior Court. A father gifted his daughter and son-in-law some land and funded the subdivision of that land. The newlyweds agreed to re-pay him $55,000 but never did. Eventually, the mother and the newlyweds executed a promissory note for the debt… Continue reading Wiley v. Brooks
The Pennsylvania Supreme Court held that a petition seeking a protective order under the Protection of Victims of Sexual Violence or Intimidation Act (“PVSVIA”) is subject to a six-year statute of limitations. K.N.B. petitioned the trial court for a Sexual Violence Protective Order (“SVPO”) under the PVSVIA. The legislature enacted the PVSVIA to give victims… Continue reading K.N.B. v. M.B.
Rice alleged Reverend Bodziak of the Diocese of Altoona-Johnstown sexually abused her from approximately 1974 through 1981. She did not sue until June 2016, thirty-five years after the alleged abuse stopped. The trial court dismissed the case. The Superior Court reversed. The Pennsylvania Supreme Court addressed the proper application of the statute of limitations to… Continue reading Rice v. Diocese of Altoona-Johnstown
This was an appeal from the District Court’s order dismissing the complaint filed by individual shareholders of Valeant Pharmaceuticals Inc. as untimely. A class action was filed against Valeant on behalf of investors who purchased its stock. Appellants were putative members of that class, but rather than wait for the District Court’s decision on class… Continue reading Aly v. Valeant Pharm Int’l, Inc.
Pa. Pub. Util. Comm’n v. De. Valley Reg’l Econ. Dev. Fund involved an Application for Summary Relief, which requested dismissal of an action filed in the Pennsylvania Commonwealth Court’s original jurisdiction by the Pennsylvania Public Utility Commission (PUC). The Court denied the Application, holding that the PUC was a Commonwealth party permitted to assert the… Continue reading Pa. Pub. Util. Comm’n v. De. Valley Reg’l Econ. Dev. Fund
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… Continue reading Sayers v. Heritage Valley Medical Group, Inc.
Laskaris v. Hice was a case of prisoner litigation. Such matters often do not end in the inmate’s favor. Here, in 2011, Laskaris received a Misconduct. After he was found guilty at the Misconduct hearing, Laskaris timely filed an appeal to the Program Review Committee. In 2014, when his grievance appeals were exhausted, Laskaris filed… Continue reading Laskaris v. Hice
In Clark v. Stover, the Pennsylvania Supreme Court allowed Appellants’ appeal to consider adopting the “continuous representation” rule. That rule would permit statutes of limitations for causes of action sounding in legal malpractice to be “tolled until the attorney’s ongoing representation is complete.” The Court declined to adopt the rule, noting that statutes of limitations… Continue reading Clark v. Stover
In Caruso-Long v. Reccek, the next-door neighbors were embroiled in a bitter trespass and nuisance suit over a tree. The tree was on one neighbor’s property, but its branches and roots were growing onto the other neighbor’s property. Clearly, the only way to solve this issue was in the courts. Given the slow speed at… Continue reading Caruso-Long v. Reccek
In Nicole B. v. School Dist. of Philadelphia, the Pennsylvania Supreme Court ruled that the Pennsylvania Human Relations Commission’s equitable tolling provision applied to a minor whose parent failed to satisfy the applicable statute of limitations for filing an administrative complaint prior to the minor reaching the age of majority.