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Sunday, April 20, 2025

Appellate Courts News

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Appellate Courts

Supreme Court says those with no biological link to child can show intent to be its parent

By John O'Brien |
PHILADELPHIA - The Pennsylvania Supreme Court has added a new way to become a parent, in a case concerning divorced lesbians who, now, share a child.

Appellate Courts

New Jersey agency can't be dragged into Pa. court, Supreme Court holds

By John O'Brien |
PHILADELPHIA - Pennsylvania isn't the place for a lawsuit against a New Jersey agency, the state Supreme Court recently ruled.

Appellate Courts

Man beaten, paralyzed in prison loses lawsuit against Philadelphia

By John O'Brien |
PHILADELPHIA - The City of Philadelphia won't be penalized for a prison attack that left one man paralyzed.

Appellate Courts

Columbia gas customers not on hook for the $300K it would cost to serve one customer

By John O'Brien |
HARRISBURG - A Fayette County funeral home is losing its natural gas as it tries to expand its operation to include a crematory and heat for available apartments on the property.

Appellate Courts

Pa. SC protects retailers from new consumer protection theory

By John O'Brien |
PITTSBURGH - Collecting sales tax does not open retailers to lawsuits under Pennsylvania's consumer protection law, the state Supreme Court has held in a proposed class action against companies like Kohl's and J. Crew.

Appellate Courts

Pa. court sides with med-mal lawyers, draws line on if doctor picked surgery for patient

By John O'Brien |
HARRISBURG - A state appeals court has revived a medical malpractice lawsuit against Geisinger Medical Center, in a win for Pennsylvania's plaintiff lawyers.

Appellate Courts

Roofers, check your ladders; Court rules against worker who fell off one placed on a block

By John O'Brien |
PITTSBURGH - A roofer should have known better, a Pennsylvania appeals court has ruled, finding that a ladder placed on a wooden block is an obviously dangerous condition.

Appellate Courts

Domino's decision a win for Pa. plaintiff lawyers, though other states have reached the opposite conclusion

By John O'Brien |
PHILADELPHIA - A recent decision by a Pennsylvania appellate judges not only goes against an earlier ruling by their own court but also at least six others.

Appellate Courts

Court strikes $2.5M verdict for fired helicopter pilot, balancing when at-will employees can sue

By John O'Brien |
PITTSBURGH - A helicopter pilot has lost the $2.5 million verdict he scored in Allegheny County, as a state appeals court has found as an at-will employee, he could not pursue a wrongful termination claim.

Appellate Courts

Pa. Supreme Court finds COVID-19 business interruption losses don't qualify for insurance coverage

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania unanimously ruled that a dental practice which suffered business interruption losses during the COVID-19 pandemic was not entitled to receive coverage from its insurer for those losses, the first time the state’s high court made such a finding.

Appellate Courts

Pa. Supreme Court dismisses articles of impeachment against Philadelphia District Attorney Larry Krasner

By Nicholas Malfitano |
HARRISBURG – A recent 3-1 ruling from the Supreme Court of Pennsylvania dismissed articles of impeachment brought against Philadelphia District Attorney Larry Krasner by the Pennsylvania House of Representatives, due to the process being improperly taken up during two different legislative sessions.

Appellate Courts

Court: 26 years in solitary for death row inmate was cruel and unusual

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has ruled in favor of a death row inmate who alleged that his being kept in solitary confinement, despite facing severe mental health issues, constituted cruel and unusual punishment – and has remanded his case to a lower federal court for further consideration.

Appellate Courts

Pa. Supreme Court ruling cuts vote lead in 117th District House race from five to four

By Nicholas Malfitano |
HARRISBURG – A recent 5-2 ruling from the Supreme Court of Pennsylvania may bring the Republican Party primary election to a seat in the State House of Representatives for the Commonwealth’s 117th District one step closer to a resolution, as the Court found one voter’s provisional ballot to be invalid and another voter’s to be valid.

Appellate Courts

TikTok to face suit after 10-year-old dies doing 'Blackout Challenge'

By Nicholas Malfitano |
PHILADELPHIA – The U.S. Court of Appeals for the Third Circuit has reinstated a Chester woman’s wrongful death lawsuit against social media app TikTok, filed after her 10-year-old daughter died in December 2021 due to attempting a “Blackout Challenge” and which had been previously dismissed by a lower court federal judge.

Appellate Courts

Jewish family in fight with Abington neighbors can post anti-hate signs

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania has reversed a trial court injunction which initially prevented a Jewish family from erecting lawn signs in their backyard, signs which protested hostile and anti-Semitic behavior they experienced from their neighbors.

Appellate Courts

Pa. Superior Court says Dragonetti Act dispute between gaming entities was rightly dismissed

By Nicholas Malfitano |
HARRISBURG – A state appellate court has concurred with a Dauphin County judge’s ruling that preliminary objections brought by two gaming organizations against a group of consultants for that industry were not in error, and the consultants’ action to bring charges under the Dragonetti Act was rightly dismissed.

Appellate Courts

Circuit split: Third says Roundup weedkiller doesn't need Pa. cancer warning

By Nicholas Malfitano |
PHILADELPHIA – A federal appellate court’s concurrence with the makers of weedkiller Roundup, in opining that federal law preempts Pennsylvania law requiring Monsanto include a cancer warning on its label, sets up a possible review by the Supreme Court to resolve a circuit split.

Appellate Courts

Court rules against hospital patient who fell off toilet; Defendants said injuries were pre-existing

By Nicholas Malfitano |
HARRISBURG – The Superior Court of Pennsylvania has upheld a Bradford County court’s ruling to grant summary judgment dismissal to a hospital faced with litigation after a patient fell from a bedside toilet and allegedly suffered serious injuries.