Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 This case concerns application of Pennsylvania Rule of Civil Procedure 4003.6. Opinion by Justice Mundy. Pa.R.Civ.P. 4003.6. Specifically, we must determine whether the first exception to Rule 4003.6 (client exception) permits […]

Mertis v. Oh, 2024 Pa. LEXIS 878 (Pa., June 18, 2024) (Pellegrini, J.) Mertis v. Oh, Superior Court of Pennsylvania, decided June 18, 2024 OPINION BY PELLEGRINI, J.: Bobbi Ann Mertis (Mertis) appeals from the order entered in the Court of Common Pleas of Luzerne County (trial court) denying her motion to disqualify the law […]

.Barnes v.Truck-Lite Co., June 13, 2024 U.S. Dist. LEXIS 105000 (M.D. Pa. June 13, 2024) (Brann, M.) A. Barnes v. Truck-Lite Co., Middle District of Pennsylvania, decided June 13, 2024 MEMORANDUM OPINION I. BACKGROUND In March 2024, Plaintiff Abraham Barnes filed an Amended Complaint against Clarience Technologies, LLC, Truck-Lite Co., LLC, and Kessel Construction Inc. […]

Le Pape v. Lower Merion Sch. Dist., 2024 U.S. App. LEXIS 13400, 2024 WL 2822917 (3d Cir. June 4, 2024) (Ambro, C.J.). This case discusses reversal because of failure to adhere to Rule 56 requirements on summary judgment. The Court also attempts to clarify the “muddled” law in our Circuit. A denial-of-FAPE claim under the […]

Desandies v. Encore Grp. (USA), LLC, 2024 U.S. Dist. LEXIS 71580, 2024 WL 1704982 (April 19, 2024) (Wolson, J.). Encore Group had to have a good faith basis to claim that the statute of limitations applies to one of the claims that Mr. DeSandies asserts against it. By its own admission, it doesn’t have that […]

Ferraro v. Patterson-Erie Corp., 2024 Pa. LEXIS 602 (S. Ct. April 25, 2024) (Donohue, J.). The question presented in this appeal is whether the plaintiff met the good faith standard of diligent attempt at timely service of process on the defendant so that dismissal of her complaint was not warranted. The plaintiff, Beverly Ferraro, slipped […]

Shook v. Lehigh Valley Rest. Grp., Inc., 2024 Pa. Super. LEXIS 119, 2024 WL 1451371 (April 4, 2024). BEFORE: DUBOW, J., KING, J., and LANE, J. Opinion by: DUBOW. Appellant, Lehigh Valley Restaurant Group, Inc. d/b/a Red Robin Gourmet Burgers and Brews (“Red Robin”), appeals from the June 21, 2023, order granting the post-trial motion […]

Moore v. Walton, 2024 U.S. App. LEXIS 6713 (3rd Cir. March 21, 2024) (Scirica, C.J.). This case involves the relation back doctrine and whether Federal Rule of Civil Procedure 15(c)(1)(C)’s reference to “the period provided by Rule 4(m)” includes any “good cause” extensions granted under that rule. After the toilet in plaintiff Troy Moore, Sr.’s […]

Ivy Hill Congregation of Jehovah’s Witnesses v. Commonwealth, Dep’t of Hum. Servs., 2024 Pa. LEXIS 198 (S. Ct. February 13, 2024) (Todd, C.J.). Justice Todd, writing for the Supreme Court, held that the Commonwealth Court, in dismissing a petition filed by the Jehovah’s Witnesses, under the Declaratory Judgments Act, violated the Coordinate Jurisdiction Rule. Hence, […]

Mazzuca v. Abreu, 2024 Pa. Super. LEXIS 45 (February 12, 2024) (Stevens, P.J.E.). In appellant’s affidavit that she served Dr. Abreu in Philadelphia County provides support for her choice of venue. Appellees, as the moving parties, have the burden of proving that a change of venue is necessary. As the trial court erred in determining […]