Civil Litigation

Records Produced by Hospital for Government Investigation not Protected by Peer Review Privilege

Documents and communications generated by a hospital during a governmental agency’s investigation of a failed medical procedure are not protected from discovery by the Pennsylvania Peer Review Protection Act, 63 P.S. §425.1 et seq., the Superior Court held in Yocabet v. UPMC Presbyterian and University of Pittsburgh Physicians

By | 2017-05-19T22:51:28+00:00 June 24th, 2015|Categories: Civil Litigation, Health Law|Tags: , , , , , , |Comments Off on Records Produced by Hospital for Government Investigation not Protected by Peer Review Privilege

Injured Bus Passenger Barred from Suing SEPTA under “Jerk and Jolt” Doctrine

A SEPTA bus passenger who was injured after being thrown from her seat could not sue SEPTA for damages because the bus’s movement was not unusual or extraordinary, the Commonwealth Court ruled in Bost-Pearson v. SEPTA.

New Rule Allows Easier Access to Sheriff’s Sale Information

By order dated May 29, 2015, the Pennsylvania Supreme Court amended Rule 3136 of the Pennsylvania Rules of Civil Procedure governing distribution of proceeds from sheriff’s sales.

By | 2015-06-19T11:56:36+00:00 June 22nd, 2015|Categories: Civil Litigation|Tags: , , , , |Comments Off on New Rule Allows Easier Access to Sheriff’s Sale Information

Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim

An ambiguous employer’s liability exclusion in an umbrella commercial liability policy pertained only to claims asserted by employees of “the insured” against whom the claim was directed, the Pennsylvania Supreme Court held in Mut. Benefit Ins. Co. v. Politsopoulos

By | 2017-05-19T22:51:28+00:00 June 11th, 2015|Categories: Civil Litigation, Insurance|Tags: , , , , , , , |Comments Off on Ambiguous Employer’s Liability Exclusion in Tenant’s Umbrella Policy Not Applicable to Tenant’s Employee’s Personal Injury Claim

Amendments to Rules of Civil Procedure on Domestic Relations Matters

By order dated May 6, 2015, the Pennsylvania Supreme Court announced amendments to several Rules of Civil Procedure in domestic relations matters. New Rule 1920.17 governs the discontinuance and withdrawal of a divorce complaint or claim of equitable distribution.

Supreme Court Announces Amendments to Support Guidelines Regarding Treatment of Social Security Derivative Benefits

Recent amendments to Pennsylvania’s support guidelines are intended to encourage parties to direct that a child’s Social Security derivative benefit be paid to the obligee.

By | 2015-05-15T12:00:52+00:00 May 18th, 2015|Categories: Civil Litigation, Family Law|Tags: , , , , , |Comments Off on Supreme Court Announces Amendments to Support Guidelines Regarding Treatment of Social Security Derivative Benefits

Bifurcation of Wrongful Death and Survival Actions for Arbitration Not Required

Wrongful death and survival actions do not have to be bifurcated to permit arbitration of the survival action, the Superior Court held in Taylor v. Extendicare Health Facilities, Inc..

By | 2015-04-21T15:05:03+00:00 May 4th, 2015|Categories: Alternative Dispute Resolution (ADR), Civil Litigation|Tags: , , , , |Comments Off on Bifurcation of Wrongful Death and Survival Actions for Arbitration Not Required

Two-Year Statute of Limitations for Asbestos-Related Wrongful Death Action Commences on Date of Diagnosis

All actions for injury or death related to asbestos are subject to a two-year statute of limitations that commences when the afflicted person is diagnosed with asbestos-related disease, the Pennsylvania Superior Court held in Wygant v. General Electric Co.

By | 2017-05-19T22:51:29+00:00 April 27th, 2015|Categories: Civil Litigation|Tags: , , , , |Comments Off on Two-Year Statute of Limitations for Asbestos-Related Wrongful Death Action Commences on Date of Diagnosis

Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action

Evidence that a patient affirmatively consented to treatment after being informed of the risks of that treatment is generally irrelevant to a cause of action sounding in medical negligence, the Pennsylvania Supreme Court ruled in Brady v. Urbas.

By | 2017-05-19T22:51:29+00:00 April 22nd, 2015|Categories: Civil Litigation, Health Law|Tags: , , , , , |Comments Off on Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action