Civil Litigation

Legal Bytes

Lis pendens is not available when complaint is for money damages under Stock Purchase Agreement.

PBI’s Week In Review

New Matter in protracted custody litigation not the type of pleading subject to Dragonetti, P.J.A. v. H.C.N., February 13, 2017

PBI’s Week In Review

Pa.R.C.P. 1033 amended allowing correction of name of party within 90 days of commencement of action, effective 4-1-17, Pa.R.C.P. 1033, February 2, 2017

Heroin and prescription opioids, bad batches, an overdose epidemic, and instituting naloxone

Naloxone, otherwise known as Narcan, is the drug that reverses the life-threatening effects of an opioid overdose. Narcan, in a seemingly ironic juxtaposition, is a standard part of a police officer’s tool kit along with a billy club, Taser, hand cuffs and a hand gun. Outside of the emergency department setting, police officers, along with […]

By | December 12th, 2016|Categories: Civil Litigation|Tags: , , , |Comments Off on Heroin and prescription opioids, bad batches, an overdose epidemic, and instituting naloxone

Single Certificate of Merit Sufficient in Professional Malpractice Action Premised on Vicarious Liability

The Pennsylvania Supreme Court has amended the Official Note to Rule of Civil Procedure 1042.3 governing certificates of merit.

By | April 25th, 2016|Categories: Civil Litigation|Tags: , , , , , , |Comments Off on Single Certificate of Merit Sufficient in Professional Malpractice Action Premised on Vicarious Liability

Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

In a negligence action against a motorist who struck and killed a pedestrian, evidence of the decedent’s intoxication was admissible where corroborated by the defendant’s toxicology expert’s testimony, the Pennsylvania Superior Court decided in Coughlin v. Massaquoi.

By | April 8th, 2016|Categories: Civil Litigation|Tags: , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

No Fraud Exception to Confidential Spousal Communication Privilege

There is no fraud exception to Pennsylvania’s civil spousal communication privilege, the Superior Court held in CAP Glass, Inc. v. Coffman.

Motorists have no Statutory Right to Choose Method of Chemical Testing at Time of DUI Arrest

A motorist under arrest for DUI has no statutory right to request alternative testing once confronted with a police officer’s request to submit to a blood test, the Pennsylvania Supreme Court ruled in Nardone v. Dept. of Transp., Bureau of Driver Licensing.

By | January 14th, 2016|Categories: Administrative Law, Civil Litigation|Tags: , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Motorists have no Statutory Right to Choose Method of Chemical Testing at Time of DUI Arrest

Supreme Court Reinstates Civil Rule Governing Termination of Inactive Cases

By order dated December 9, 2015, the Pennsylvania Supreme Court reinstated Rule of Civil Procedure 230.2, which allowed courts to terminate cases that have been inactive for two or more years.

By | December 17th, 2015|Categories: Civil Litigation, General|Tags: , , , , , , , , |Comments Off on Supreme Court Reinstates Civil Rule Governing Termination of Inactive Cases

Supreme Court Authorizes Electronic Filing and Transmission of Records

By order dated November 13, 2015, the Pennsylvania Supreme Court has authorized the electronic filing, transmission and remand of records on appeal through the PACFile appellate court electronic filing system.

By | December 4th, 2015|Categories: Appellate Practice, Civil Litigation, General|Tags: , , , , , , , , |Comments Off on Supreme Court Authorizes Electronic Filing and Transmission of Records