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Weekly Caselaw Updates

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Hartford Fire Ins. Co. v. Davis

The Pennsylvania Superior Court vacated the trial court's award entered in favor of Hartford. The case stemmed from a motor vehicle accident in which Appellant was injured while operating a vehicle owned by Keystone Automotive Operations, Inc. during the course and scope of his employment. Hartford insured the vehicle under…

Hartford Fire Ins. Co. v. Davis
Pennsylvania Superior Court

The Pennsylvania Superior Court vacated the trial court’s award entered in favor of Hartford. The case stemmed from a motor vehicle accident in which Appellant was injured while operating a vehicle owned by Keystone Automotive Operations, Inc. during the course and scope of his employment. Hartford insured the vehicle under a commercial automobile policy. Hartford… Continue reading Hartford Fire Ins. Co. v. Davis

Host Intern’l, Inc. v.Marketplace PHL, LLC
3rd Circuit

“We only serve Pepsi here.” The Third Circuit ruled that the plaintiff lacked antitrust standing and did not adequately plead a violation of Section 1 of the Sherman Act. After a competitive bidding process, Host International won two concession spots at Philadelphia International Airport (PHL). But negotiations between Host and MarketPlace, which runs PHL, for… Continue reading Host Intern’l, Inc. v.Marketplace PHL, LLC

True Railroad Realty, Inc. v. McNees Wallace and Nurick, LLC
Pennsylvania Superior Court

The Pennsylvania Superior Court determined that the trial court correctly applied Pennsylvania Rule of Civil Procedure 1035.2 in granting the defendant’s motion for summary judgment. The plaintiff sued the defendant, claiming legal malpractice. Two days after the expired deadline for producing the plaintiff’s expert reports, the defendant moved for summary judgment. The trial court granted… Continue reading True Railroad Realty, Inc. v. McNees Wallace and Nurick, LLC

Khalil v. Travelers Indem. Co. of Amer.
Pennsylvania Superior Court

The Pennsylvania Superior Court ruled that the doctrine of res judicata barred the plaintiff’s claims. Appellant sought monetary damages against Appellees, including Travelers, Pier 3, Wentworth, and the attorneys who represented these parties in two prior actions. The trial court granted Appellees’ motion for summary judgment. The Superior Court affirmed. “Res judicata protected Travelers because… Continue reading Khalil v. Travelers Indem. Co. of Amer.

Dobransky v. EQT
Pennsylvania Superior Court

An en banc panel of the Pennsylvania Superior Court determined that Appellees were not immune from liability because they did not qualify as statutory employers under the Workers’ Compensation Act (WCA). This case arose from injuries sustained from Appellant’s exposure to barite at a natural-gas site leased and operated by Defendant EQT. To drill and… Continue reading Dobransky v. EQT

Harris v. City of Newark
New Jersey Supreme Court

The New Jersey Supreme Court held that, in a New Jersey Civil Rights Act (NJCRA) action, a defendant seeking to challenge a trial court’s order denying qualified immunity prior to final judgment must proceed by motion for leave to file an interlocutory appeal in accordance with Rules 2:2-4 and 2:5-6. Plaintiff alleged that a Newark… Continue reading Harris v. City of Newark

Stewart v. NJ Turnpike Auth.
New Jersey Supreme Court

In this appeal, the New Jersey Supreme Court considered “whether the plaintiffs’ premises liability claim under N.J.S.A. 59:4-2 of the New Jersey Tort Claims Act (TCA) should survive summary judgment after the plaintiffs belatedly altered their factual theory of liability.” In 2015, the plaintiffs were injured when they lost control of their motorcycle while riding… Continue reading Stewart v. NJ Turnpike Auth.

The New Jersey Appellate Division reversed the trial court’s grant of summary judgment. Plaintiff sued Defendant-appellants alleging medical negligence and vicarious liability for the negligent acts of their agents or employees. Three months before the discovery deadline, Plaintiff moved to file a third amended complaint to assert seven new counts alleging causes of action for breach… Continue reading Labega v. Joshi

Liberty Mutual Group, Inc. v. 100 Pharmacy, LLC
Pennsylvania Superior Court

An insurance company sued several pharmacies and doctors that had financial interests in those pharmacies. The gist of the suit was that the doctors were prescribing a compound cream that patients filled at the pharmacies in which the doctors had a financial interest and from which the doctors received kickbacks. The trial court granted summary… Continue reading Liberty Mutual Group, Inc. v. 100 Pharmacy, LLC

Smith v. A.O. Smith Corp.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the order dismissing all claims and parties in this action in which Plaintiff sought damages related to Decedent’s alleged exposure to asbestos. Decedent worked for Schneider Companies as a union plumber from 1966 to 1975. Decedent initiated this action against various entities, who allegedly exposed him to asbestos. Defendant, which… Continue reading Smith v. A.O. Smith Corp.