Dansko Holdings, Inc. v. Benefit Trust Co.

In Dansko Holdings, Inc. v. Benefit Trust Co., a shoe company hired a trustee for its employees’ stock ownership plan. Afterward, the trustee hinted that it would help the shoemaker refinance its debt but then backed out of that deal. The shoemaker sued, and the trustee counterclaimed for the cost of defending the suit. On … Read more

Marion v. Bryn Mawr Trust Co.

After the Securities and Exchange Commission commenced an action against Robert Bentley for an alleged Ponzi scheme, the Federal District Court for the Eastern District of PA appointed Marion receiver. In Marion v. Bryn Mawr Trust Co., the receiver alleged breach of the Uniform Fiduciaries Act (“UFA”), 7 P.S. § 6351, et. seq., aiding and … Read more

Ezaki Glico Kabushiki Kaisha v. Lotte Intern’l Am. Corp.

Having granted rehearing with the judges who participated in the original decision, in Ezaki Glico Kabushiki Kaisha v. Lotte Intern’l Am. Corp., the 3rd Circuit re-issued its initial opinion. A summary of that opinion can conveniently be found here, on Sullivan | Simon’s website. Indeed, all of these summaries can be found on our website. … Read more

Cruz. v. Camden Co. Police Dep’t

Cruz was arrested and indicted for murder.  After spending two years in jail, a jury acquitted him. Thereafter, he filed a civil action alleging that the lead detective misled the grand jury and thereby violated his civil rights. In Cruz v. Camden Co. Police Dep’t, the trial court granted the Department’s motion for summary judgment … Read more

Clark v. Nenna

Clark v. Nenna arose out of a surgical procedure that the defendant performed on the plaintiff. The plaintiff alleged emotional distress caused by the defendant’s professional negligence, i.e., failure to remove surgical washers from the plaintiff’s leg. The plaintiff did not allege that the defendant’s conduct was intentional or willful. The nature of the plaintiff’s … Read more

Woodford v. Commonw. of Penn. Ins. Dept.

In Woodford v. Commonw. of Penn. Ins. Dept.,  the Pennsylvania Supreme Court was called on to decide whether an insurance broker violated the state’s Insurance Department Act of 1921 by charging customers a non-refundable application fee. The Insurance Commissioner and a panel of the Commonwealth Court agreed that 40 P.S. §310.74(b) prohibited the fee. And … Read more

Bourgeois v. Snow Time, Inc.

In February 2013, the plaintiffs purchased a snow tubing season pass from the defendant mountain resort. The reverse side of the season pass contained a release agreement, which provided that the signatory both assumed all the risks of snow tubing and released the resort from liability.  Plaintiff skimmed the release agreement and signed it. The … Read more

Matthews v. Prospect Crozer, LLC

In Matthews v. Prospect Crozer, LLC, a personal injury suit wherein Appellant sued after a tree fell on him, the Superior Court affirmed the trial court’s grant of summary judgment. The Court held that Appellant failed to adduce sufficient facts in discovery to prove that the defendants owed him a legal duty under Restatement (Second) … Read more

S.H. v. K & H Transport

S.H. v. K & H Transport involved a 17-year-old special-needs student at the time of the events at issue. S.H. sued the bus company that transported her to and from school. The trial court ruled that the bus company did not have a duty “to protect against the alleged injury”—sexual assault—and that no reasonable person … Read more

Kornfeind v. New Werner Holding Co.

In Kornfiend v. New Werner Holding Co., Kornfiend sued New Werner as well as Home Depot and alleged strict product liability and negligence claims related to the design, manufacture, and sale of a ladder which Kornfiend fell from as he worked on his house. The Superior Court ruled that the lower court erred in denying Home … Read more