by Suzan CherichettiMay 6, 2021 Discrimination, Employment, Litigation, Of Interest, Pennsylvania0 comments
Whistleblowers While You Work – Pennsylvania District Court Analyzes Whistleblower Claim and Grants Summary Judgment for Employer
Recently, the United States District Court for the Eastern District of Pennsylvania partially granted a Defendant’s motion for summary judgment on the basis that the Plaintiff lacked any reasonable belief that the company violated any law of the Sarbanes-Oxley Whistleblower (“SOX”) Act. In Ngai v. Urban Outfitters Inc., plaintiff, who was Director of Sourcing and Technical Design for Urban...Read More 0
Don’t Forget to Turn On the Lights . . . PA Supreme Court Highlights New Exception to Sovereign Immunity
In an April 28, 2021 opinion, the Pennsylvania Supreme Court held that the Commonwealth of Pennsylvania cannot claim sovereign immunity where a dangerous condition, caused by poor lighting, exists on its property. The Pennsylvania Supreme Court’s decision in Wise v. Huntingdon County Housing Development Corporation, et al. overturned a Commonwealth Court’s contrary decision. Plaintiff, Shannon...Read More 0
Retired NY State Judges Will Be Able To Recertify After Being Forced To Step Off The Bench Due To COVID-19
New York State Supreme Court justices who reach the mandatory retirement age of 70 will again be able to re-apply for their job and continue the bench. The New York State Constitution says judges must retire at the end of the year they reach age 70. The constitution allows for judges to recertify for a maximum of three two-year terms after proving that they’re still mentally and physically fit...Read More 0
Plaintiff Would “Rather be in Philadelphia,” But Her Case Gets Transferred to the Middle District
Philadelphia has much to recommend it. World class cuisine. Great universities. Gritty. But one thing Philadelphia, and the Eastern District of Pennsylvania as a whole, lacks is any connection to the this case.” With those words, Hon. Joshua D. Wolson, U.S.D.J. began his opinion in Darrup v. Wal-Mart, wherein he transferred the case from the Eastern District of Pennsylvania to the Middle...Read More 0
New Jersey Appellate Division Permits a Driver and Employer’s Determination of Improper Actions as Admissible Evidence
In Hassan v. Williams, the Appellate Division of the Superior Court of New Jersey found that a trial court improperly excluded multiple documents, including the determination letter written by an employer that its driver acted improperly, as well as the letter written by that driver about his own conduct. At the trial level, these documents were excluded as the Court held they went to the...Read More 0
PA Superior Court Upholds Vacating Jury’s $2.9 Million Mistake
In The Estate of Carley Long v. Bethany Children’s Home, et al., the Pennsylvania Superior Court upheld a Philadelphia Court of Common Pleas’ grant of judgment notwithstanding the verdict, which vacated a Philadelphia County jury award of $2.9 million. Tragically, Carley Long escaped Bethany Children’s Home and was struck and killed by a train. Her father ultimately sued Bethany Children’s...Read More 0
by Suzan CherichettiApril 8, 2021 Civil Procedure, Venue, Coverage, Litigation, New York, Of Interest0 comments
Motion to Change Venue Denied Despite Being Unopposed (NY)
In Francoise Mervil v. Eric Johnson and Marcia St. Urbain, Judge Francois A. Rivera denied Defendants’ unopposed motion to transfer venue because the only evidence in support of the Defendants’ motion constructed of inadmissible hearsay. Plaintiff, Francoise Mervil (“Mervil”) commenced a personal injury action against the Defendants in Kings County Supreme Court, alleging Urbain was negligent...Read More 0
Lights Out On Lamp, Court Sheds Light On Service Of Process (PA)
In recent case, Gussom v. Teagle, the Pennsylvania Supreme Court revisited the issue whether a lawsuit should be dismissed due to Plaintiff’s lack of effort to complete service – regardless of Plaintiff’s intent. On July 25, 2016, Rasheena Gussom and Maurice Teagle were involved in a car accident. Two months before the statute of limitations expired, Gussom filed a civil complaint against...Read More 0
Superior Court Holds Fair Share Act Does Not Apply If Plaintiff is Not Found Liable (PA)
In Spencer v. Johnson, 2021 WL 1035175 (Pa. Super. Mar. 18, 2021), the Pennsylvania Superior Court issued an opinion with serious implications on the interpretation of the Fair Share Act. By way of background, Pennsylvania courts had previously long adhered to the doctrine barring recovery for contributory negligence, which held that if a plaintiff’s own negligence contributed even 1% to his...Read More 0
by Suzan CherichettiApril 8, 2021 Covid, Coverage, Insurance, Litigation, Of Interest, Pennsylvania0 comments
COVID-19 Business Interruption Insurance Coverage is Far from Settled in Pennsylvania
Needless to say, COVID-19 business interruption coverage has been a hot topic for insurers and policyholders alike. This past week, the Allegheny County Court of Common Pleas granted summary judgement in favor of policyholder plaintiffs and denied the defendant insurers’ motion for summary judgement in a class action lawsuit seeking coverage in Timothy Ungarean v. CNA et al. (further analysis...Read More 0