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Weekly Caselaw Updates

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Kramer v. Nationwide Prop. and Cas. Ins. Co.

The Pennsylvania Superior Court affirmed the trial court’s decision, which ordered Nationwide to provide a defense to the parents in an underlying action concerning a young man’s death. The Kramers’ son hosted the decedent in the Kramers’ home while they were out of town. The decedent was found dead, and…

Kramer v. Nationwide Prop. and Cas. Ins. Co.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s decision, which ordered Nationwide to provide a defense to the parents in an underlying action concerning a young man’s death. The Kramers’ son hosted the decedent in the Kramers’ home while they were out of town. The decedent was found dead, and a coroner determined that the… Continue reading Kramer v. Nationwide Prop. and Cas. Ins. Co.

Patel v. Kandola Real Estate
Pennsylvania Superior Court

The Pennsylvania Superior Court ruled that Appellant did not justifiably rely on representations made by Appellees. Appellee prepared a one-and-a-half-page prospectus that said a truck stop complex contained a “super volume” gas station and a “high volume” convenience store. The prospectus also made representations as to the complex’s approximate gross and net yearly income. Appellant subsequently… Continue reading Patel v. Kandola Real Estate

Dennehy v. East Windsor Reg’l Bd. of Educ.
New Jersey Appellate Division

Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach’s failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate reversed and ruled that the… Continue reading Dennehy v. East Windsor Reg’l Bd. of Educ.

Brooks v. Ewing Cole, Inc.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that an adverse decision on the government’s assertion of sovereign immunity constitutes a collateral order, immediately appealable as of right under Rule 313. This case arose out of personal injuries the plaintiff allegedly sustained when she walked into an unmarked glass wall while leaving the Family Court building in Philadelphia.… Continue reading Brooks v. Ewing Cole, Inc.

27-35 Jackson Ave., LLC v. Samsung Fire & Marine Ins. Co., LLC
New Jersey Appellate Division

If you are an evidence nerd, you’ll find this opinion to be a treat. Plaintiff 27-35 Jackson Avenue LLC owned commercial property in New York. For no apparent reason, a sprinkler head discharged water on the second floor of the premises, damaging the first and second floors. Plaintiff’s principal tenant was the United States General… Continue reading 27-35 Jackson Ave., LLC v. Samsung Fire & Marine Ins. Co., LLC

Clews v. Cty. of Schuylkill
3rd Circuit

Three former Deputy Coroners sued their employer, the County of Schuylkill, claiming the County violated the Fair Labor Standards Act (“FLSA”) by failing to pay them overtime and then firing them in retaliation for seeking overtime pay. The District Court granted summary judgment in favor of the County, concluding that Plaintiffs were personal staff of… Continue reading Clews v. Cty. of Schuylkill

E.S. v. Brunswick Inv. Ltd. P’ship
New Jersey Appellate Division

Brunswick Investment Limited Partnership (“Brunswick”) owned the premises where the plaintiff E.S., guardian ad litem for her two minor daughters, lived. Fred performed maintenance work for Brunswick at the property as well as others Brunswick owned. The plaintiff learned that Fred, who had worked in her unit, sexually assaulted her two daughters. The plaintiff sued,… Continue reading E.S. v. Brunswick Inv. Ltd. P’ship

Kars 4 Kids Inc. v. America Can! Cars for Kids
3rd Circuit

Two kids’ charities battled over trademarks. America Can and Kars 4 Kids are charities that sell donated vehicles to fund children’s programs. The charities used similar trademarks. Each sued the other, alleging violations of state and federal law related to using those marks. A jury found that America Can had trademark rights and that Kars… Continue reading Kars 4 Kids Inc. v. America Can! Cars for Kids

Jacobs v. Cumberland Co.
3rd Circuit

The Third Circuit affirmed the District Court’s denial of summary judgment in a case where corrections officers “gratuitously beat” a pretrial detainee. Jacobs got into a fight with another inmate at Cumberland County Jail. Several minutes after the fight, a group of corrections officers forcibly removed Jacobs from the dorm. Jacobs sued, and the officers… Continue reading Jacobs v. Cumberland Co.

Johnson v. McClellan
New Jersey Appellate Division

Plaintiff Cindy Johnson brought a civil action for damages resulting from Defendant’s alleged unauthorized practice of law regarding his involvement in Plaintiff’s prior medical malpractice suit. Plaintiff also sought disgorgement of a referral fee she claimed Defendant received improperly. The trial court granted summary judgment in favor of Plaintiff and awarded over $500,000. The New… Continue reading Johnson v. McClellan