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Category: Summary Court Opinions

PROCEDURE-PLEADING-SPECIFICITY

Harrington v. Kramer, 2025 Pa. Dist. & Cnty. Dec. LEXIS 1(Luzerne County Ct. of Common Pleas, January 14, 2025) (Gelb, J. and Lesa, S.) The Court adopts Plaintiffs’ and the Gardens’ Stipulation in Lieu of Preliminary Objections to the Amended Complaint (“Gardens’ Stipulation”) in which Plaintiffs and the Gardens agreed that Plaintiffs shall identify the […]

WORKERS COMPENSATION-OCCUPATIONAL DISEASE ACT-STATUTE OF LIMITATIONS-EXCLUSIVITY PROVISION

Herold v. University of Pittsburgh, 2025 PA LEXIS 93 (Pa. Super. Ct., January 22, 2025) (Todd, J.) CHIEF JUSTICE TODD In this appeal by allowance, we consider, inter alia, the breadth of the exclusive remedy provision of the Occupational Disease Act (“ODA”) and whether a disability or death resulting from an occupational disease and which […]

WORKERS RIGHTS-FAIR LABORS STANDARDS ACT-PREPONDERANCE OF THE EVIDENCE

E.M.D. Sales, Inc. v. Carrera, 2025 U.S. LEXIS 364 (U.S. Supreme Court January 15, 2025) (Kavanaugh, J.) Fair Labor Standards Act of 1938 requires employers to pay their employees a minimum wage and overtime compensation. The act exempts many categories of employees from the minimum-wage and overtime compensation requirements. The preponderance-of-the-standard governs when an employer […]

JUDGES-RECUSAL

Irish Holdings LLC v. EQT Prod. Co.,(Pa. Super. Ct., January 16, 2025)(Bender, J.) Judge Grimes errored in denying recusal in this case. There are twenty-five cases before him where he has declined to recuse himself. This does not automatically disqualify Judge Grimes from other cases. The problem is that this case involves oil and gas […]

CONSTITUTIONAL LAW-1ST AMENDMENT-SPEECH-TIKTOK-SOCIAL MEDIA

TikTok Inc. v. Garland, 2025 U.S. LEXIS 366 (Supreme Court January 17, 2025)( Roberts, Thomas, Alito, Sotomayor, Kagan, Gorsuch, Kavanaugh, Barrett, Jackson) On January 19th, 2025, the Protecting Americans from Foreign Adversary Controlled Applications Act will make in unlawful for companies in the United States to provide services, distribute, maintain, or update the social media […]

RIGHT TO KNOW REQUESTS-SPECIFICITY

Greim v. Pa. State Police Off. of Open Recs., 2025 Pa. Commw. LEXIS 20 (Pa. Commonwealth Court, January 17, 2025)(Leavitt, J.) This case involves requests for information concerning a police officer. The Court standard of review of a final determination of the OOR is de novo. There is no deferens required to the OOR. In […]

PROCEDURE-SUMMARY JUDGEMENT-RESPONSE TIME

Jordan v. Lynde, 2024 Pa. Super. LEXIS 565 (Pa Superior Ct., December 31, 2024)(Kunselman, J.) OPINION BY KUNSELMAN, J.: In this medical-malpractice action, Joanne and Stephen Jordan appeal from the order granting summary judgment to the Defendants, Michael Lynde, D.P.M.; Penn Hematology and Oncology; John Youssef, M.D.; and Youval Katz, M.D. Because the Jordans were […]