Reed v. Goertz, 143 S. Ct. 955 (April 19, 2023) (Kavanaugh, J.). In many States, a convicted prisoner who still disputes his guilt may ask state courts to order post-conviction DNA testing of evidence. If the prisoner’s request fails in the state courts and he then files a federal 42 U. S. C. §1983 procedural […]

Edwards v. Norfolk S. Ry. Co., 2023 Pa. Super. LEXIS 109, 2023 WL 2579881 (March 21, 2023) (Pellegrini, J.) Under the relation back doctrine, our courts, in certain situations, have validated the acts of a personal representative of an estate that predate their official appointment. In this interlocutory appeal by permission, we consider whether the […]

Kornfeind v. New Werner Holding Co., 2022 Pa. LEXIS 1172 (August 16, 2022) (Mundy, J.)  This case says that 42 Pa.C.S. § 5521(b) does not apply where the accident happened in Illinois but lawsuit was initiated in Philadelphia.  Claim means any right of action which may be asserted in a civil action or proceeding.  The […]

Didomizio v. Jefferson Pulmonary Assocs. & Asthma Allergy & Pulmonary Assocs., P.C., 2022 Pa. Super. LEXIS 323 (August 2, 2022) (Pellegrini, J.)  Gilda DiDomizio (DiDomizio) appeals from the order entered in the Court of Common Pleas of Philadelphia County (trial court) granting reconsideration and entering summary judgment in favor of Jefferson Pulmonary Associates and Asthma […]

Coello v. Dileo, 2022 U.S. App. LEXIS 21820 (3rd Cir. August 8, 2022) (Ambro, C.J.)  Yasmine Coello, convicted of harassment in 2007, succeeded over a decade later in having that conviction vacated. Only then did she file this civil rights action to recover for various abuses suffered during her criminal proceedings. The District Court dismissed […]

Shifflett v. Lehigh Valley Health Network, Inc., et al., No. 2293 EDA 2016 (Pa. Super. Nov. 9, 2017) Solano, J.  Lehigh Valley Health Network and Lehigh Valley Hospital appeal from the judgment against it on a general damage verdict of $2,391,620.  The appellate court concluded that the second amended complaint pleaded a new cause of […]

Blanyar v. Genova Products, 2017 U.S. App. LEXIS 11685 (3rd Cir. June 30, 2017) Vanaskie, C.J.  Under Pennsylvania law, the statute of limitations for a medical monitoring claim is two (2) years.  The discovery rule tolls the statute of limitations during the plaintiff’s complete inability, due to facts and circumstances not within his control, to […]

The Statute of Limitations for the Wire Tap Act Is Two Years McCulligan v. Pennsylvania State Police, 123 A.3d 1136 (Pa. Cmwlth. 2015).  McCulligan alleges that detectives and others intentionally violated the Wiretapping and Electronic Surveillance Control Act during the course of an investigation leading to the plaintiff’s incarceration.  Preliminary objections were sustained, and the […]