Carrie Salls News
Commonwealth Court: Plans to host bridal show don't render woman ineligible for unemployment
HARRISBURG — The state Commonwealth Court has reversed an Unemployment Compensation Board of Review ruling that denied benefits to a claimant based on the board’s assertion that she was self-employed, according to an opinion filed June 14.
Heritage customers' remediation work dooms water-damage case
HARRISBURG — A pair of homeowners lost their bid for reconsideration of a ruling granting summary judgment against them in a water-damage lawsuit because they began fixing the issue before a contractor could determine who was at fault, according to an opinion filed May 30 by the state Superior Court.
Default judgment in slip-and-fall case against Philadelphia property owners upheld by Commonwealth Court
HARRISBURG — Two Philadelphia property owners named as defendants in a slip-and-fall lawsuit were denied a request to strike the default judgment entered against them because they failed to respond to the lawsuit filed by the accident victim.
Superior Court rules for doctors in appeal of wrongful death decision
PITTSBURGH — The state Superior Court has upheld a 2015 finding that two doctors who treated a woman who died from a ruptured abdominal aortic aneurysm did not hide a diagnosis or misstate the cause of death.
'Procedural misstep' costs tenant in appeal of arbitration award
HARRISBURG — A “procedural misstep” thwarted the efforts of a tenant in his appeal of a ruling denying his request to vacate an arbitration award in a lawsuit filed against his landlord, according to an opinion entered April 28 by the Superior Court of Pennsylvania.
South Avis Realty loses appeal, must pay half of railroad crossing restoration cost
&&&HARRISBURG — The Superior Court of Pennsylvania upheld a ruling denying South Avis Realty Inc.’s request for reimbursement of the $14,470 it paid to cover its half of the cost of restoring a railroad crossing, according to May 12 documents.
Pittsburgh loses bid to require emergency preparedness training
PITTSBURGH — The City of Pittsburgh cannot force security officers and building service employees to complete emergency preparedness training as part of its Safe and Secure Building Act, according to a May 17 opinion entered by the Commonwealth Court.
Testimony of plaintiff's expert not enough, Superior Court rules in med-mal case
PHILADELPHIA – The Superior Court of Pennsylvania recently upheld a lower court ruling that granted a request for compulsory non-suit in a lawsuit filed against Dr. David A. Vaughn and Surgical Specialists of Lancaster.
Magazine non-compete case dismissed after injunction, settlement
SCRANTON — A lawsuit that pitted Our Town Magazine against a husband and wife who allegedly violated a non-compete agreement was dismissed on March 27 by the U.S. District Court for the Middle District of Pennsylvania after a settlement was reached.
American Honda, other defendants win some, lose some in repossession claim dismissal fight
PHILADELPHIA — A request made by defendants American Honda Finance Corp., Richard and Associates and repossession agent Tyler to dismiss several claims related to an allegedly unlawful repossession, assault, battery and conversion was partially denied and partially granted by the U.S. District Court for the Eastern District of Pennsylvania.
Property sellers lose appeal related to deed restrictions lawsuit
HARRISBURG — Two plaintiffs' failure to file a timely objection in connection with their deed restrictions violation lawsuit has cost them a new trial.
UPenn cholesterol treatment patents upheld on challenge by Kyle Bass group
PHILADELPHIA — Patents related to two of the University of Pennsylvania’s Juxtapid high-cholesterol treatment methods were upheld by the Patent Trial and Appeal Board after they were challenged by hedge fund manager Kyle Bass’ Coalition for Affordable Drugs.
Extending Title IX to hospitals 'a surprise to many'
PHILADELPHIA — In a surprising decision, the U.S. Court of Appeals for the Third Circuit has overturned a Philadelphia federal court ruling that dismissed a former medical
resident’s Title IX claims against the private Mercy Catholic Medical Center.
Commonwealth Court sides with amputee making Workers' Comp claim
HARRISBURG — The Commonwealth Court of Pennsylvania recently upheld the granting of a Workers’ Compensation claim to a woman whose leg had to be partially amputated after a luggage transporter she was driving at Pittsburgh International Airport overturned.
Late filings cost Lackawanna Co. plaintiffs in explosion, fire-related wrongful death case
HARRISBURG – The Superior Court on March 1 upheld a trial court order granting summary judgment in a case in which the plaintiffs routinely missed court-set procedural deadlines, resulting in the court’s decision not to recognize an expert report that may have proved their case.
Court says expert's qualifications don't add up in dismissing lawsuit
PHILADELPHIA – The dismissal of a medical negligence lawsuit that hinged on orders related to the allowance of expert testimony was upheld on March 3 by the Pennsylvania Superior Court.
Attorney to fight 'bizarre' ruling ordering new trial because judge retired
HARRISBURG – To say attorney Anthony Pinnie is frustrated by a “bizarre” Superior Court of Pennsylvania ruling that vacated a judgment awarded to his client would be an understatement.
Injured truck driver gets no relief in appeal of 'non-suit' ruling
HARRISBURG – A trial court order that found an alleged tire malfunction-related injury lawsuit constituted a non-suit was upheld on appeal in a Feb. 28 decision issued by the Superior Court.
Incomplete record, trial judge's retirement costs homeowner victory over allegedly defective windows
HARRISBURG – The Superior Court of Pennsylvania has vacated a judgment awarded in favor of a homeowner whose house was damaged as a result of allegedly faulty windows because a lower court was ultimately unable to explain its ruling and the lower court judge had retired after hearing the case.
Ruling over chemo drug questionable, attorney says
PHILADELPHIA – A Saul Ewing LLP partner believes a ruling made in a 15-year-old False Claims Act (FCA) whistleblower lawsuit by the U.S. District Court for the Eastern District of Pennsylvania may not have been entirely fair to the defendants, given the nature of the case.