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Negligence Pennsylvania

Marshall Dennehey

Can Felons Pursue Damages Against Their Providers for Their Criminal Conduct? The Pennsylvania Supreme Court Says No

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Key Points: Pennsylvania Supreme Court recently evaluated the no felony conviction recovery rule. No felony conviction recovery rule bars medical malpractice and indemnification claims brought against murderer’s medical...more

Marshall Dennehey

Legal Roundup - Pennsylvania

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Pennsylvania Superior Court holds that trial court correctly entered nonsuit on plaintiff’s corporate negligence claim for failing to show actual or constructive knowledge....more

White and Williams LLP

Pennsylvania Hospitals Provided a Path to Offset Ostensible Agent Liability

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A recent Pennsylvania Supreme Court decision provided hospitals a path to offset liability for their ostensible agents’ negligence. In McLaughlin v. Nahata, the Court recognized that a defendant hospital could seek...more

White and Williams LLP

Pennsylvania Federal Court Excludes Expert Testimony That Tries To Force a Square Peg Into a Round Hole

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In Kenney v. Watts Regulator Co, No. 20-2995, 2021 U.S. Dist. LEXIS 4539 (E.D. Pa. Jan. 11, 2021), the United States District Court for the Eastern District of Pennsylvania considered whether to exclude the plaintiff’s...more

White and Williams LLP

The Pennsylvania Superior Court Suggests a New Limitation to the Fair Share Act, Albeit in Dicta

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On March 18, 2021, the Pennsylvania Superior Court decided Spencer v. Johnson, 2021 Pa. Super. 48 (Pa. Super. Ct. March 18, 2021) in which the court suggested in dicta that the Fair Share Act is only implicated when the...more

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Eastern District of Pennsylvania Clarifies Standard for Imposing Spoliation Sanctions

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Courts are faced with the difficult task of drawing a line to determine when the failure to preserve evidence becomes culpable enough to permit a judicial remedy. In State Farm Fire & Cas. Co. v. Cohen, No. 19-1947, 2020 U.S....more

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