Office of Disciplinary Counsel v. Pisanchyn, No. 2914 DD3 (Pa. Super., October 24, 2024) (Donohue, J.) Michael Pisanchyn (“Pisanchyn”),challenges the recommendation of the Disciplinary Board that he should be suspended for ninety days, based on the preparation and presentation of a fee petition for attorneys’ fees in a federal district court. Among his several claims,1Pisanchyn […]
Author Archives: Rieders Travis
MEDICAL MALPRACTICE-MENTAL HEALTH-MENTAL HEALTH PROCEDURES ACT-GROSS NEGLIGENCE
Toth v. Chambersburg Hospital, No. 208 MDA 2024 (Pa. Super, October 15, 2024)(Stevens, J.) Although Plaintiff never briefed the issue the Court did consider whether there was sufficient proof in discovery of willful misconduct of gross negligence from elderly person who wound up dying. The Plaintiff only found the Merek brief in advance of oral […]
APPEALS-INTERLOCUTORY-INJUNCTION
Dovin v. Honey Brook Golf Club, 2024 Pa. Super. LEXIS 465 (Pa. Superior Ct., October 28, 2024)(Nichols, J.) An Order which alters the status quo permitting conduct that was not permitted preciously and was effective before the entry of a final Order is appealable. In this, an injunction preventing people from hitting golf balls onto […]
NEGLIENCE-COMPARTIVE NEGLIENCE-SUBMISSION TO JURY
Dailey v. Smith, 2024 Pa. Super. LEXIS 442 (PA Superior Ct., October 10, 2024) (Colins, J.) Given the evidence, jury could reasonably conclude without expert testimony that Plaintiff Smith’s driving 20-40% faster than the speed limit effected Defendant’s ability to see him in time and to judge her ability to make a left-hand turn and […]
RISK ERISA-HEALTH INSURANCE PLANS-MISAPPROPRIATED FUNDS
Knudsen v. MetLife Grp., U.S. App. LEXIS 23419 (U.S. 3d. Cir., September 25, 2024) (Martini, J.) McKEE, Circuit Judge. The Employee Retirement Income Security Act, 29 U.S.C. § 1001 et seq. (“ERISA”), is a rather complicated statute that uniformly regulates employee benefit plans, like pension plans and certain health insurance plans, to protect plan participants […]
CONSTITUTIONAL LAW-FISHERY MANAGEMENT PLAN
Lofstad v. Raimondo, 2024 U.S App. LEXIS 24317(U.S. 3d. Cir, September 25, 2024)(Bibas, J.) BIBAS, Circuit Judge. The buck stops with the President—but not when unelected officials get a veto. Under a federal fishing law, a Regional Council can veto some actions taken by the Secretary of Commerce. That power is significant. But the Council […]
INSURANCE-BAD FAITH-FINANCIAL RESPONSIBILTY LAW
Allen v. Protective Ins. Co., 2024 LEXIS 174169 (U.S. Dist. of East Pa., September 26, 2024)(Leeson, Jr., J.) Joseph F. Leeson, Jr. Lyle Allen has received significant medical treatment following a motor vehicle collision in December of 2022. Protective Insurance Company has refused to pay Allen’s medical bills, as a consequence he has brought the […]
PRISONER LAW-EXHUASTION OF ADMINISTRATIVE REMEDIES-TIMELY FILING
Webb v. DOJ, 2024 U.S. App. LEXIS 24519 (September 27, 2024)(Freeman, J.) FREEMAN, Circuit Judge. William Webb, an inmate at Delaware’s James T. Vaughn Correctional Center (JTVCC), sued prison officials for failing to schedule court-ordered visits with his daughter. The District Court screened and dismissed the suit, holding that Webb did not exhaust JTVCC’s internal […]
The Slow Continuing Death of the Bivens Doctrine
Henry v. Essex, 2024 U.S. App. LEXIS 21925, (U.S. Ct. of App., 3d Cir., August 29, 2024)(Ambro, J.) With each new court decision, it seems as though the significant Bivens decision is not really on life support but has been taken off the respirator so that it can be permitted to die. An example of […]
CONSTITUTIONAL LAW-8TH AMENDMENT-CRUEL AND UNUSUAL PUNISHMENT-AMERICANS WITH DISABILITIES ACT-MENTAL ILLNESS
Williams v. Secretary Pa. DOC, U.S. App. LEXIS 2414, (U.S. Ct. of App., 3d Cir., September 20, 2024)(McKee, J.) McKEE, Circuit Judge. Roy Lee Williams, a death-row prisoner with a history of mental illness, was held in solitary confinement on the Capital Case Unit (CCU) of a Pennsylvania state correctional institution for twenty-six years. Williams […]
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