Pennsylvania

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

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

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

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

Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses

In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More

Philadelphia Partners Win Summary Judgement in the EDPA In Construction Defect Coverage Case (PA)

In Estate Chimney & Fireplace, LLC v. Burlington Insurance Company, Philadelphia Partners, Robert J. Cosgrove and Colleen E. Hayes were awarded summary judgement. By way of background, the Insured had commenced a declaratory judgment action, in the EDPA, seeking defense and indemnification from The Burlington Ins. Co. for underlying lawsuits stemming from its allegedly defective work in...Read More

No Vacancy: Structures on Property Can Disqualify Coverage (PA)

In a recent Western District of Pennsylvania case, Morton v. Gardner, the court addressed what constituted vacant land under the insurance policy at issue. By way of background, after a dead tree on the defendant’s property fell onto the plaintiff’s vehicle, an issue arose as to whether the defendant’s insurer was required to pay for the damage. At the time of the incident, the property was...Read More

Pennsylvania Supreme Court Upends Consumer Protection Laws, Now Sharply Favoring Plaintiffs (PA)

The Pennsylvania Supreme Court recently overturned decades of established law in the consumer protection area, resulting in increased exposure to defendants in consumer transactions. The 4-3 decision in Gregg v. Ameriprise Financial, Inc. overturned decades of precedent which formerly required a plaintiff to show the state of mind of the actor with respect to a false or misleading...Read More

A Connecticut Auto Dealer in Pennsylvania’s Court: Personal Jurisdiction over the Internet (PA)

Does the Commonwealth of Pennsylvania have personal jurisdiction over an auto dealer in Connecticut? This was the question recently examined by the Lackawanna County Court of Common Pleas in D&S Auto Sales v. Commercial Sales & Marketing. The Defendant, a Ford dealership located in Mystic, Connecticut filed a preliminary objection to a claim of faulty service and repair of a vehicle...Read More

Motion to Transfer Venue for Forum Non-Conveniens Cited COVID-19 Concerns in Philadelphia County

The Philadelphia Court of Common Pleas recently granted a motion to transfer venue to York County, PA in the Arceo et. al. v. AMF Bakery Systems, et. al. lawsuit. The motion to transfer venue pursuant to the doctrine of forum non conveniens derives from rule Pa.R.C.P. 1006(d)(1), which states “or the convenience of parties and witnesses the court upon petition of any party may transfer an...Read More