Former Police Chief Charles Gu8arnieri sued The Borough of Duryea, Pennsylvania alleging that council members had retaliated against him for successfully challenging a 2003 decision to fire him. ... More...   $97358 (10-11-2008 - PA)

Rita Miller, a former employee of the Clinton County Probation office, brought this civil rights action against the President Judge of the Court of Common Pleas of Clinton County, Pennsylvania, Richard Saxton, pursuant to 42 U.S.C. § 1983. Miller=s complaint asserts that Judge Saxton terminated her employment in violation of her First Amendment right to free speech, and her Fourteenth Amendment r... More...   $0 (10-01-2008 - PA)

¶ 1 Sinor Manufacturing, Inc., n/k/a Freightliner Specialty Vehicles, Inc. and Freightliner Specialty Vehicles, Inc. (collectively “Appellants”) appeal from the judgment entered against them and in favor of various plaintiffs on their claims of strict product liability and infliction of emotional distress.

¶ 2 Plaintiffs commenced this suit against Appellants asserting that they were ... More...   $0 (09-02-2008 - PA)

¶ 1 This case once again raises issues concerning the enforceability of releases relating to recreational activities provided by commercial entities. Appellant, Barbara Lichtman Tayar, appeals from the order entered on March 31, 2006, in the Court of Common Pleas of Monroe County, that granted the motion for summary judgment filed by Appellees, Camelback Ski Corporation, Inc. and Brian Monaghan.<... More...   $0 (09-04-2008 - PA)

¶ 1 This is an appeal from the Judgment entered in favor of Consol Pennsylvania Coal Company (Consol) and against Jon Holbert Carter and Patricia W. Carter, his wife (the Carters), in a quiet title action, wherein Consol was awarded fee simple title to the coal rights to a tract of land to which the Carters own the surface estate. For the reasons that follow, we reverse and remand for proceedings... More...   $0 (09-10-2008 - PA)

Family and Estate of William Palmer sued Tenet Healthcare Corp. d/b/a Hahnemann University Hospital on a negligence theory claiming that Defendant negligently exposed Mr. Palmer, age 18, to a high risk of being assaulted and robbed and, as a direct result, the hardworking Roman Catholic High School graduate and son of Philadelphia police officers, was killed May 30, 2006, after being shot in the c... More...   $5500000 (09-13-2008 - PA)

This appeal involves a claim by Richard and Patricia Lewis against Atlas Van Lines, Inc. (“Atlas”) for damages incurred as a result of Atlas’s failure to live up to its promise to move the Lewises’ household belongings by a date certain.

The District Court dismissed the Lewises’ claim, concluding that they had failed to comply with the procedural requirements of 49 U.S.C. § 14706... More...   $0 (09-11-2008 - PA)

John Facenda, a Philadelphia broadcasting legend, provided his voice to many productions of NFL Films, Inc. before his death in 1984. These well-known productions recounted tales of the National Football League with filmed highlights, background music, and Facenda’s commanding narration. More than two decades after Facenda’s death, NFL Films used small portions of his voice-over work in a cabl... More...   $0 (09-11-2008 - PA)

Yanira Montanez sued Temple University Health System Hospitals on a medical negligence (medical malpractice) claiming that she did not receive appropriate care and treatment when she went to the emergency room at the hospital complaining of nausea, vomiting, headaches, and numbness in her face, arms and legs. The differential diagnosis process resulted in a probable diagnosis that Montanez was suf... More...   $11200000 (09-06-2008 - PA)

Christian DeJohn sued Temple University, its former president, David Adamany, and two of his former graduate school professors, Richard H. Immerman and Gregory J.W. Urwin (hereinafter collectively referred to as “Temple” or “the University”) in an eight-count complaint for violations of, inter alia, First Amendment freedom of speech and expression stemming from the University’s Policy on... More...   $0 (08-04-2008 - PA)

This case requires the Court to consider the contours of state sovereign immunity and under what circumstances such immunity may be waived.

Alleging violations of both federal and state antidiscrimination laws, Michael A. Lombardo (Lombardo) filed an employment discrimination complaint in the Court of Common Pleas of Luzerne County against the Commonwealth of Pennsylvania’s Department of ... More...   $0 (08-26-2008 - PA)

We must decide whether a federal district court has diversity jurisdiction over a lawsuit involving a partnership where one of its partners is a dual American-British citizen domiciled in a foreign state. The district court held that it lacked diversity jurisdiction over such an entity, and we affirm.

I. APPELLATE JURISDICTION & STANDARD OF REVIEW

We have jurisdiction pursuant to 28 ... More...   $0 (08-26-2008 - PA)

In these consolidated appeals, Sovereign Bank and the Pennsylvania State Employees Credit Union appeal orders dismissing claims that arose from the theft of certain credit card information from a retailer’s computer files. For the reasons that follow, we will reverse in part, and affirm those orders in part.

I. BACKGROUND These consolidated appeals involve two law suits that arose from th... More...   $0 (08-04-2008 - PA)

Christian DeJohn sued Temple University, its former president, David Adamany, and two of his former graduate school professors, Richard H. Immerman and Gregory J.W. Urwin (hereinafter collectively referred to as “Temple” or “the University”) in an eight-count complaint for violations of, inter alia, First Amendment freedom of speech and expression stemming from the University’s Policy on... More...   $0 (08-04-2008 - PA)

Kehm Oil and Golden Oil (collectively, “Kehm”), owned by George Kehm, were dealers of Texaco-branded gasoline in Western Pennsylvania for 44 years, owning 28 Texaco gas stations by the end of the relationship. Over that period of time, Kehm entered into franchise agreements with various distinct Texacoowned entities, including Motiva Enterprises, LLC (“Motiva”).

Motiva, which was at... More...   $0 (08-03-2008 - PA)

York County, Pennsylvania sued real estate developer Peter Alecxih on an eminent domain theory to acquire certain rights, title and interests in a 79-acre tract of land upon which he planned to build 51 luxury homes. The County offered him $2 million, which he reject. He sought between $16 and $17 million in compensation for the condemnation and taking of his property. The land which was taken i... More...   $17250000 (07-29-2008 - PA)

York County, Pennsylvania sued Peter Alecxih, Jr. on an eminent domain theory to acquire certain rights, title and interests in and to property owned by Defendant in Lower Windson Township known as Highpoint Scenic Vista and Recreation Area. Alecxih planned to turn the area into a 51-lot luxury home development. He had obtained approvals and public water and sewer connections for the project and h... More...   $17250000 (07-17-2008 - PA)

2 On May 12, 2002, appellant was struck in the head by a softball while playing an Eastern Suburban League slow-pitch softball game organized under ASA rules. Unfortunately, appellant was ... More...   $0 (06-04-2008 - PA)

1 Evaluation Services, Inc. (ESI) appeals from the order, dated April 9, 2007, and entered April 11, 2007, that granted the motion for judgment on the pleadings filed by LSI Title Agency, Inc. f/k/a Lender's Service, Inc. (LSI). In the same order, the court precluded ESI from litigating and/or continuing its breach of contract claim before the American Arbitration Association and denied ESI'... More...   $0 (06-06-2008 - PA)

1 Jesse, Benjamin and Elaine Stanton ("the Stantons") appeal the order granting summary judgment for Pennsylvania Power & Light Company ("PP & L") based on PP & L's statutory immunity under the Recreational Use of Land and Water Act ("the RULWA" or "the Act"). The RULWA provides immunity from negligence liability for owners of undeveloped land who open that land without charge for recreation... More...   $0 (06-24-2008 - PA)

Appellee, John McElwee ("McElwee"), owned and operated a printing business, Thomas A. McElwee & Son, Inc., on the 6200 block of Market Street in West Philadelphia. The business had existed in that location since the 1950s, and McElwee had taken over management of it from his father, Thomas McElwee, in 1998, although the latter stayed on as a part-time employee. Also in 1998, Appellant, Southea... More...   $0 (06-02-2008 - PA)

Toledo Mack Sales and Service, Inc. ("Toledo") appeals from an order of the United States District Court for the Eastern District of Pennsylvania granting judgment as a matter of law in favor of Mack Trucks, Inc. ("Mack") on Toledo's claim under § 1 of the Sherman Antitrust Act ("Sherman Act"). Toledo also appeals the District Court's grant of summary judgment for Mack on Toledo's claim und... More...   $0 (06-24-2008 - PA)

The Family and Estate of Michael Rettger sued UPMC Shadyside Hospital and others on medical negligence theories (medical malpractice) claiming that as a direct result of substandard nursing care provided to Mr. Rettger, he lost the change of surviving a brain aneourysm and died. Plaintiffs claimed that Mike developed a fixed and dilated pupil after being transported to UPMC Shadyside but the chang... More...   $2500000 (06-14-2008 - PA)

During the pendency of this appeal, the Supreme Court considered what qualifies as a charge in Federal Expr... More...   $0 (06-13-2008 - PA)

Jay A. Benfield and Peggy J. Benfield sued CC, Inc. Construction Services d/b/a Canualyn Constructors, Inc. and Salukas Contracting Inc. on a negligence theory claiming that defendants failed to exercise due care while performing work at St. John's United Church of Christ in Nazareth, Pennsylvania and, as a direct result, Mr. Benfield's leg had to amputated. Benfield, a lifetime member of St. John... More...   $4368847 (05-31-2008 - PA)

Daniel and Colleen Fledderman sued plastic surgeon Richard Glunk and nurse anesthetist Edward DeStefano on medical negligence (medical malpractice) theories claiming that they both acted below the standard of care when they performed liposuction surgery on Amy Fledderman, age 18, May of 2001. Ms. Fledderman essentially bled to death from damage to an artery in her neck. The liposuction was done o... More...   $20000000 (05-24-2008 - PA)

Defendants denied wrongdoing.... More...   $10000000 (05-17-2008 - PA)

The defenses asserted by the Authority and its driver are not available.... More...   $175000 (04-26-2008 - PA)

Nicholas Lohman sued the Borough of Duryea on a civil rights theory, 42 U.S.C. 1983, claiming that he was retaliated against for helping a fellow officer regain his job. Lohman claimed that he was targeted by council members who were upste that fellow officer Charles Guarnieri, who was fired in 2003, successfully challenged his dismissal through arbitration. Lohman claimed that he layed off after ... More...   $12000 (04-25-2008 - PA)

Former Duryea Borough, Pennsylvania Police Chief Charles Guarnieri sued the Borough the borough, secretary/treasurer Lois Morreale, current council members Edward Orkwis, Audrey Yager and Alfred Akulonis and former council members Ann Dommes, Frank Groblewski, Robert Webb and Joan Orloski for wrongfully issuing directives in retaliation for Guarnieri's successful challenge to his firing. Plaintiff... More...   $97358 (04-19-2008 - PA)

Michael Hutchison sued The Diocese of Altoona-Johnstown on a negligence theory claiming that defendant failed to exercise due care when it gave Father Francis Luddy access to him with the result that he was sexually abused by the former priest in 1987. Plaintiff claimed that as a child, he had been molested by Luddy at St. Therese Catholic Church and its elementary school. Luddy denied molesting... More...   $1519000 (04-18-2008 - PA)

Patricia Kilburn, the widow of Dennis Kilburn, sued Dr. Ganapathi Moka, Dr. James Tatum, and Aliquippa Community on aHospital on a medical negligence (medical malpractice) theory for the wrongful death of Mr. Kilburn who, plaintiff contended died from a delayed diagnosis of a pulmonary embolism at age 35. Plaintiff claimed that her husband had all the symptoms of a pulmonary embolism when he went... More...   $1250000 (04-16-2008 - PA)

In May 2005... More...   $0 (04-14-2008 - PA)

The defenses asserted by defendants are not available.... More...   $80800 (04-13-2008 - PA)

Patricia Defurio and eleven other Elizabeth Forward School District teachers sued the school claiming that they were discriminated against because of their age and gender under 42 U.S.C. 2000e. Plaintiffs alleged the district hired them at the lowest pay level despite their years of experience while hiring younger teachers with comparable experience at higher pay levels and that they were paid ... More...   $1200000 (04-10-2008 - PA)

Appellant Jose Pineda is an automobile technician who A Daubert 1 hearing refers to a pretrial hearing where a court determines whether a proffered expert witness's testimony is both relevant and reliable, and thus admissible as evidence, pursuant to Federal Rule of Evidence 702 and Daubert v. Merrell Dow Pharms., Inc., 509 U.S. 579 (1993). was injured when the rear liftgate glass of a 2002 ... More...   $0 (04-02-2008 - PA)

Defendants claimed that Risk and several oth... More...   $100000 (03-28-2008 - PA)

In this appeal we review a District Court's order awarding attorneys' fees to plaintiffs pursuant to 42 U.S.C. § 1988(b). Plaintiffs brought this lawsuit to challenge the constitutionality of the City of Pittsburgh's ("City's") ordinance regulating expressive activities in public forums. Plaintiffs' complaint sought declaratory and permanent injunctive relief; plaintiffs also filed a motion ... More...   $0 (03-23-2008 - PA)

Jimmy A. Schlier sued Major John G. Rice and Lt. David Douglas on a civil rights violation theory claiming that he suffered emotion harm and damage to his reputation when he was taken off of a towing referral used by the Pennsylvania state police when motorists are sent two trucks when they breakdown or have accidents. Schlier did business as Schlier's Towing and Service Center as part of Wrecke... More...   $3500000 (03-21-2008 - PA)

Trooper Nassan testified that he shot at Michael because he thought the boy had fired a... More...   $28000000 (03-13-2008 - PA)