On August 30, 2023, a New Jersey appellate panel issued an opinion in M.M. v. Atl. Health Sys., 2023 N.J. Super. Unpub. LEXIS 1489 (App. Div. Aug. 30, 2023) clarifying the affidavit of merit requirement pertaining to suits...more
A Federal Court has denied a nursing home’s Motion to Dismiss a claim brought by the daughter of a resident who passed away in April of 2020 due to complications from COVID-19. The facility in Pennsylvania allegedly had...more
The Pennsylvania Supreme Court decided a medical care provider waived their right to challenge pain and suffering damages awarded by the jury because they failed to request a verdict sheet that listed specific categories of...more
A 20-year rule implemented to prevent “venue shopping” and frivolous lawsuits has ended. The rule limited the venue a plaintiff could bring a suit to only the jurisdiction where the injury took place. Venue shopping is a...more
Upon settlement between the estate of a plaintiff, who suffered injuries which resulted in amputation, and a defendant physician, the trial court denied a third-party defendant’s motion to dismiss the joinder complaint...more
It has long been the rule in New Jersey that plaintiffs are entitled to have recording devices or third-party monitors in the room when they undergo a defense-ordered medical examination. The appellate court has revoked the...more
On January 10, 2022, the Pennsylvania Superior Court ruled that the plaintiff (father) did not waive his psychiatrist-patient privilege when he claimed emotional distress and anxiousness in a negligence suit against Main Line...more
On December 23, the New Jersey Supreme Court made a significant ruling involving allocating damages in a wrongful death action involving multiple defendants. The case involved a woman who tripped, fell, and suffered an ankle...more
The Court of Common Pleas of Lackawanna County in J.C. v. Horizon Medical Corp. recently addressed the issue of the statute of limitations in a civil case against the employer of an alleged sexual abuser. The facts of the...more
On June 23, 2021, in Mahanoy Area School District v. B.L., the United States Supreme Court ruled a Pennsylvania school district violated the First Amendment rights of a cheerleader by disciplining her for her profanity-laden...more
On December 22, 2020, the Supreme Court of Pennsylvania issued an opinion in Leight et al v. University of Pittsburgh Physicians et al, Supreme Court of Pennsylvania, No. 35 WAP 2019 determining the extent to which...more