Salus Populi Suprema Lex Esto

About MoreLaw
Contact MoreLaw

Pennsylvania Negligence Law

United States of America v. Jerome Wilson

Eastern District of Pennsylvania Federal Courthouse - Philadelphia, Pennsylvania

If it were somehow in doubt before, we take the opportunity now to hold that bank robbery by intimidation is categorically a “crime of violence” under the United States Sentencing Guidelines. In doing so, we join several other federal courts of appeals that have held the same under the guidelines or the Armed Career Criminal Act (“ACCA”).
Jerome Wilson pled guilty to unarmed bank robbery... More...
   $0 (01-23-2018 - PA)


Man arrested minutes after attempting to steal $10K in armed bank robbery, police say

The facts of the case are not in dispute. Wilson pled guilty to three counts of unarmed bank robbery or attempted bank robbery in violation of 18 U.S.C. § 2113(a), and the District Court sentenced him to 151 months’ imprisonment, three years of supervised released, restitution of $3,122, and a special assessment of $300. The sentence was based in part on two enhancements: one for being a career ... More...   $0 (01-19-2018 - PA)

Joan Kedra v. Richard Schroeter

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

This case arises from the grievous death of State
Trooper David Kedra, who was shot and killed by his
instructor, then-Corporal Richard Schroeter, during a routine
firearms training. Although a long-term veteran of the police
force and specifically certified in the safe use of firearms,
** Honorable Michael J. Melloy, Senior Circuit Judge,
United States Court of Appeals for... More...
   $0 (12-03-2017 - PA)

In Re: Asbestos Products Liability Litigation (No. VI)

Third Circuit Court of Appeals - Philadelphia, Pennsylvania

These asbestos cases involve the availability of the
“bare-metal defense” under maritime law. The defense’s basic
idea is that a manufacturer who delivers a product “bare
metal”—that is without the insulation or other material that
must be added for the product’s proper operation—is not
generally liable for injuries caused by asbestos in later-added
materials. A classic sce... More...
   $0 (10-13-2017 - PA)

Michael Souryavong v. Lackawanna County

Middle District of Pennsylvania Federal Courthouse - Scranton, Pennsylvania

This employee-overtime appeal raises questions as to
the nature of the evidence that is sufficient to create a jury
question on the purported “willfulness” of an employer’s nonpayment
of overtime. The question matters because a finding
of willfulness expands the limitations period for claims under
the Fair Labor Standards Act (“FLSA”), in effect permitting a
plaintiff to re... More...
   $0 (09-25-2017 - PA)

Estate of Jeffrey H. Ware v. Hospital of the University of Pennsylvania, et al.

Federal Courthouse - Philadelphia, Pennsylvania

Barbara Boyer, the widow of a cancer researcher who developed a fatal tumor allegedly as a result of inadequate safety precautions taken to protect him from radiation in his lab, sued the University of Pennsylvania together with affiliated persons and entities.1 Before us is the reach of the Price-Anderson Act, see 42 U.S.C. § 2011, et seq., and its remedy-limiting provisions. The Act gives federa... More...   $0 (09-25-2017 - PA)

Ronald Kelly v. Maxium Speciality Insurance Group

This case presents a situation familiar to our district courts. Two related lawsuits are pending — one each in state and federal court. The state action seeks to determine a defendant’s liability for an alleged harm, and the federal action seeks only a declaratory judgment on an insurer’s obligation to defend and indemnify the defendant. The District Court here exercised its discretion to abstain ... More...   $0 (08-21-2017 - PA)

Louise Blanyar v. Genova Products, Inc.

Appellants, former employees of Appellee Genova
Products Inc. (“Genova”), challenge the District Court’s
decision to dismiss their putative class action for medical
monitoring as barred by the applicable two year statute of
limitations. While acknowledging that their exposure to the
alleged toxic substances upon which they base their medical
monitoring claims ended more tha... More...
   $0 (07-03-2017 - PA)


In 2010, an arrest warrant was issued for Edguardo Rivera,1 a suspect in a homicide case. Deputy U.S. Marshal Gary Duncan, a member of the Dauphin County Fugitive Task Force, received information from another law enforcement officer and from street informants that Rivera was “staying” or “residing” at an address on North 13th Street in Harrisburg, Pennsylvania. App. 25–26, 35–36. With the arres... More...   $0 (05-02-2016 - PA)

Eugene Brinson v. United States of America

Appellant Eugene Kenneth Brinson appeals from the District Court’s award of
damages in the amount of $350.00 for the Appellee’s negligence in serving chicken
tainted with salmonella to Appellant while he was an inmate at USP-Canaan on June 25,
2011. For the reasons stated below, we will summarily affirm. Because the parties are
familiar with the facts and procedural history o... More...
   $0 (02-07-2016 - PA)

Janet Lieb v. Allstate Property & Casualty

The plaintiffs in this case, Janet and Ed Lieb, had the misfortune of waiving
underinsured motorist coverage only to be rear-ended by an underinsured driver. They
now seek to compel their insurer, Allstate Property and Casualty Insurance Company, to
provide underinsured motorist coverage on the ground that their waiver was invalid. It
was not, and so we will affirm. The Lieb... More...
   $0 (01-07-2016 - PA)

Maria Garlick v. Trans Tech Logistics Inc

George Garlick drove a water truck for Trans Tech Logistics (“TTL”).3 TTL
leased its vehicles and provided drivers to QC, which operated “a bulk tank truck
network serving the chemical, bulk liquid, and energy markets.” App. 155. QC
contracted TTL to haul water via baby bottle trucks, to and from natural gas fracking
sites, operated by Anadarko, an oil and gas producer and o... More...
   $0 (12-21-2015 - PA)

Brian Schmigel v. Miroslaw Uchal, M.D., FASC

In 2003, the Pennsylvania Supreme Court grew troubled by the frequency of meritless professional malpractice claims filed in the state system. To address that concern, the Court amended the Pennsylvania Rules of Civil Procedure to require malpractice plaintiffs or their attorneys to file a certificate of merit (“COM”) within sixty days of bringing suit. Failure to comply conferred upon a defendant... More...   $0 (09-02-2015 - PA)


The “first-filed rule” is a well-established policy of the federal courts that “[i]n all cases of concurrent jurisdiction,
the court which first has possession of the subject must decide it.” Smith v. McIver, 22 U.S. (9 Wheat) 532, 535 (1824). This rule permits the district courts, in their discretion, to stay, transfer or dismiss cases that are duplicates of those brought previousl... More...
   $0 (08-11-2015 - PA)

Sheldon Stephens v. Kevin Clash

Plaintiff Sheldon Stephens appeals the dismissal of his claims against Defendant Kevin Clash for injuries resulting from the parties’ sexual relationship while Stephens was underage, in violation of 18 U.S.C. § 2422, 18 U.S.C. § 2423, and state law. The District Court dismissed Stephens’s claims as untimely. For the reasons that follow, we will affirm.
Because the District Court dismiss... More...
   $0 (08-05-2015 - PA)

Jared Wolfe v. Allstate Property & Casualty Insurance Company

In this insurance dispute between appellant Allstate Property & Casualty Insurance Co. (“Allstate”) and appellee Jared Wolfe, we are presented with the question of whether punitive damages awarded against an insured in a personal injury suit are recoverable in a later breach of contract or bad faith suit against the insurer. It is Pennsylvania’s public policy that insurers cannot insure agai... More...   $0 (06-25-2015 - Pa)

Family and Estate of Travis Magditch v. PrimeCare Medical, Inc.

Allentown, PA - The Family and Estate of Travis Magditch sued PrimeCare Medical, Inc. on a medical negligence wrongful theory claiming that Travis died while an inmate in the Lehigh County jail because Defendant's employees failed to provide appropriate and timely medical care to him. Travis was found dead in his cell on January 4, 2012. An autopsy revealed that Travis died from asthma. The Plain... More...   $0 (03-27-2015 - PA)

Rox-Ann Feifer v. Westport Insurance Corporation

Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013)... More...   $0 (04-29-2014 - PA)

Ernesto Galarza v. Mark Szalczyk

Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that he was a U.S. citizen. The detainer was withdrawn and Galarza was released. Galarza then filed this § 1... More...   $0 (03-04-2014 - PA)

The Estate of Andrea Yvonne Arrington v. John Michael, Police Officer, City of Chester

In this substantive due process action involving the murder of a young woman, Officer John Michael of the Chester, Pennsylvania, police force appeals the denial of summary judgment by the United States District Court for the


*Honorable Kermit V. Lipez, United States Court of Appeals Senior Judge for the First Circuit, sitting by designation.


Eastern Di... More...
   $0 (12-24-2013 - PA)

Mark and Sharon Petrosky Crowell v. St. Luke's University Hospital and Dr. Ronald Kirner

Mark and Sharon Petrosky Crowell sued St. Luke's University Hospital and Dr. Ronald Kirner on a medical negligence (medical malpractice) theory claiming that Defendants were negligent in the handling of the labor and delivery process for Matthew Crowell in November 2009 and, as a direct result, Matthew suffered brain damage.

Defendants denied that the care provided to Sharon Petrosky Crowel... More...
   $55000000 (12-28-2013 - PA)

Bernard Wallace, et al. v. PA Child Care, Western PA Child Care and Mid-Atlantic Youth Services Corpo.

Bernard Wallace and thousands of other young plaintiffs sued PA Child Care, Western PA Child Care and Mid-Atlantic Youth Services Corp. and others on negligence and intentional tort theories claiming that defendants ran what was called a "kids for cash" scheme in which children were locked away in facilities, often for minor offenses by judges who took illegal payments from the facilities' builder... More...   $2500000 (10-18-2013 - PA)

In Re: National Football League Players' Concussion Injury Litigation

Four thousand five hundred (4,500) retired NFL football players sued the National Football League and others on negligence theories claiming that they suffered neurological injuries and damages from play professional football for the various teams in the league. The Plaintiffs claimed that the defendants hid information about the dangers of head trauma from playing football.

Defendants d... More...
   $765000000 (08-29-2013 - PA)

John Doe v. Penn State University

Seven victims of Jerry Sandusky sued Penn State University on negligence theories claiming that they were sexually abused as a direct result of officers and employees of Penn State to property supervise Sandusky, who was convicted of 45 counts of abusing young boys.... More...   $1 (08-25-2013 - PA)

Ted Brown v. University of Pennsylvania

Ted Brown asserted claims on behalf of many John Does against the University of Pennsylvania on negligence theories claiming that it failed to exercise due care in the management of Jerry Sandusky and, as a direct result, Sandusky sexually assault at least 45 young boys.... More...   $60000000 (07-20-2013 - PA)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More...
   $0 (06-07-2013 - PA)

Sands and John Wender v. Dr. Michael Miller

Sands and John Wender sued Dr. Michael Miller on a medical negligence (medical malpractice) wrongful deaht theory claiming the the obstetric and gynecological care provided by Dr. Miller fell below the standard of care and, as a direct result, their daughter Bethany died on October 21, 2005 after being born 19 weeks prematurely. The Plaintiff also sued Geisinger South Wilkes-Barre Women's Health f... More...   $0 (04-13-2013 - PA)

Noreen Lewis v. Central City Toyota

Dr. Noreen Lewis sued Central City Toyota on a negligence theory claiming to have been injured and/or damaged in a car wreck that occurred on Route 17 in New York on March 8, 2008 when a ball joint on a van that she had rented failed causing her to lose control of the vehicle which rolled down a ravine. Dr. Lewis claimed that she suffered debilitating nerve damage to her left arm, neck and back.... More...   $15700000 (03-22-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inciden... More...
   $0 (01-30-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks, Pennsylvania

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inc... More...
   $0 (01-28-2013 - PA)

Robert Zimmerman v. Norfolk Southern Corporation

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral... More...   $0 (01-24-2013 - PA)

B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and YouthMore...   $0 (01-11-2013 - PA)

Family and Estate of Sherrie Ann Burkhardt v. York Hospital

The Family and Estate of Sherrie Ann Burkhardt sued York Hospital, Dr. Daniel Motter, Dr. John Bobin and Cardiac Diagnostic Associates on medical negligence (medical malpractice) claiming that Ms. Burkhardt, age 53, died as a direct result of substandard care provided to her post surgically from internal bleeding on December 17, 2007. Ms. Burkardt was admitted to the hospital with an admitting d... More...   $6000000 (09-22-2012 - PA)

Theresa Michels v. Dr. Myron D. Haas

Theresa Michels and Nick Michels sued Dr. Myron D. Haas and Orthopedic Associates of Pottsville, Inc. on medical negligence (medical malpractice) and respondeat superior theories claiming to have been injured and damaged as a result of substandard care provided to her by Dr. Haas. She claimed that the cast he put on her broken left writs was too tight and, as a direct result, she developed reflex ... More...   $0 (09-15-2012 - PA)

Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app... More...   $0 (07-31-2012 - PA)

Family and Estate of Derrick Harlem v. Robert M. McNamara

Family and Estate of Derrick Harlem used Doctors Robert M. McNamara, M.D. and Marsha W. Edwards, M.D. and Temple University Hospital on medical negligence theories claiming that Mr. Harlem, age 38, failed to properly diagnose and treat his physical complaints and, as a direct result, he died after suffering a massive heart attack. On May 31, 2009, Harlem passed out while playing basketball and was... More...   $6400000 (06-01-2012 - PA)

Paulette Cassel-Hess v. Norman K. Hoffer

Appellant, Paulette Cassel-Hess, appeals from the order entered on March 29, 2011, granting summary judgment to Norman K. Hoffer and Matthew D. Hoffer, d/b/a 4507 Associates (collectively “Appellees”). We affirm in part, vacate in part, and remand.

On October 9, 2009, Appellant instituted the current action by filing a complaint against Appellees. As averred within the complaint, Appell... More...
   $0 (05-07-2012 - PA)

Steven Nicholson and Victoria Upsey v. Charles V. Touey

Steven Nicholson and Victoria Upsey, individually and as parents and next friends of Parrys Nicholson-Upsey sued Dr. Charles V. Touey on a medical negligence theory (medical malpractice) claiming that Defendant provided substandard care to them and their daughter in August 2008 when Victoria went to Pottstown Memorial Medical Center with complaints of abdominal pain during the end stage of her pre... More...   $78500000 (05-11-2012 - PA)

Jeffrey K. Beard v. Johnson and Johnson, Inc.

This appeal arises out of a medical-device product liability action in which a strictliability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court’s threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appea... More...   $0 (03-31-2012 - PA)

John Doe v. PPL Electric Utilities Corporation

John Doe, a Berks County painter sued PPL Electric Utilities Corporation on a negligence theory claiming that he was injured when he fell from an electric transmission tower.... More...   $1150000 (03-25-2012 - PA)

Home | Add Attorney | Add Expert | Add Court Reporter | Sign In
Find-A-Lawyer By City | Find-A-Lawyer By State and City | Articles | Recent Lawyer Listings
Verdict Corrections | Link Errors | Advertising | Editor | Privacy Statement
© 1996-2018 MoreLaw, Inc. - All rights reserved.