Civil Litigation

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 | 2016-04-22T13:36:41+00:00 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 | 2017-05-19T22:51:21+00:00 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 | 2017-05-19T22:51:25+00:00 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 | 2015-12-14T10:47:53+00:00 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 | 2015-12-01T13:15:09+00:00 December 4th, 2015|Categories: Appellate Practice, Civil Litigation, General|Tags: , , , , , , , , |Comments Off on Supreme Court Authorizes Electronic Filing and Transmission of Records

Supreme Court Clarifies Procedural Rule Governing Oral Arguments

Pennsylvania Rule of Civil Procedure 211 has been amended to reflect appellate court rulings qualifying a party’s right to orally argue a motion before a trial court.

By | 2015-10-28T09:38:59+00:00 November 3rd, 2015|Categories: Civil Litigation|Tags: , , , , , , , |Comments Off on Supreme Court Clarifies Procedural Rule Governing Oral Arguments

Mechanics’ Lien and Complaint to Enforce Lien can be Filed at Same Docket Number

A complaint to enforce a mechanics’ lien need not be entered at a separate docket and maintained in a file separate from the underlying mechanics’ lien claim, the Pennsylvania Supreme Court held in Terra Technical Services, LLC v. River Station Land, L.P..

By | 2015-10-08T10:10:56+00:00 October 14th, 2015|Categories: Civil Litigation|Tags: , , , , , , , , |Comments Off on Mechanics’ Lien and Complaint to Enforce Lien can be Filed at Same Docket Number

Supreme Court Releases 2016 Schedule of Fees and Costs

Practitioners take note of the Pennsylvania Supreme Court’s recent order authorizing regulations setting fees and costs for calendar year 2016.

By | 2015-10-08T10:00:54+00:00 October 9th, 2015|Categories: Civil Litigation, Judicial Administration|Tags: , , , , , , , |Comments Off on Supreme Court Releases 2016 Schedule of Fees and Costs

Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege

An adult’s allegation of sexual misconduct against her former teacher was not judicially privileged because she made the allegation prior to commencement of a quasi-judicial proceeding and without intent that such a proceeding occur, the Pennsylvania Supreme Court held in Schanne v. Addis

By | 2015-08-28T11:00:27+00:00 August 31st, 2015|Categories: Civil Litigation|Tags: , , , , , , , |Comments Off on Adult’s Allegations of Sexual Misconduct by Former Teacher not Protected by Judicial Privilege