News & Analysis as of

PA Supreme Court

Pennsylvania case reminds Ohio hospitals of the importance of adhering to provisions of peer review statute

by Bricker & Eckler LLP on

A recent Pennsylvania Supreme Court decision, Reginelli v. Boggs, 0 WAP 2016, 21 WAP 2016, 23 WAP 2016 (Pa. Mar. 27, 2018), has been raising a number of questions regarding the strength of a state peer review privilege based...more

Employment Performance Review Excluded from Peer Review Confidentiality

by Tucker Arensberg, P.C. on

The Pennsylvania Supreme Court ruled, on March 27, 2018, in Regenelli v. Boggs, Monogahela Valley Hospital and UPMC/ERMI that physician performance reviews of an ER physician, who was provided by ERMI to Mon Valley Hospital,...more

Bailets v. Pennsylvania Turnpike Commission – Pennsylvania Supreme Court Strengthens Pennsylvania’s Whistleblower Law for...

by Fisher Phillips on

The Pennsylvania Supreme Court (the “Supreme Court”) has taken the “whistleblowers be made whole” purpose of the Pennsylvania Whistleblower Law, 43 P.S. §§1421-1428, (the “PAWL”) to the next level in its March 27, 2018...more

Non-Economic Damages Recoverable Under Pennsylvania Whistleblower Law

by Cozen O'Connor on

On March 27, 2018, the Pennsylvania Supreme Court unanimously ruled that noneconomic damages for injuries such as humiliation and mental anguish are recoverable for whistleblowers harmed in violation of Pennsylvania’s...more

Cyber Law: Pennsylvania Supreme Court Watch

by White and Williams LLP on

The body of cybersecurity case law continues to grow. On April 10, 2018, the Pennsylvania Supreme Court is set to hear arguments regarding employers’ liability for data breaches in Dittman v. UPMC....more

How Much Protection Does the Peer Review Protection Act Really Provide?

by Barley Snyder on

A recent court ruling has significantly changed the scope of what is available in the discovery process of medical malpractice litigation, making it easier for plaintiffs to obtain materials related to physician performance...more

Pennsylvania Supreme Court Affirms $1.6 million Whistleblower Award

by Barley Snyder on

According to the Pennsylvania Supreme Court, damages in a whistleblower suit aren’t limited to wage loss. The court last week ruled that the Pennsylvania Whistleblower Law permits an award of non-economic damages for items...more

Pennsylvania Supreme Court Clarifies Reach of Commonwealth’s Consumer Protection Law l Hoverboards, Magnetic Balls, and Pet...

Pennsylvania Supreme Court Clarifies Reach of Commonwealth’s Consumer Protection Law - On February 21st, the Pennsylvania Supreme Court ruled that Pennsylvania’s consumer protection law allows out-of-state consumers to sue...more

Superior Court of Pennsylvania Rejects Pre-Tincher Product Liability Jury Instruction and Grants Tincher Defendant a New Trial

by White and Williams LLP on

Despite the monumental change in product liability law brought about by the Pennsylvania Supreme Court’s 2014 decision in Tincher v. Omega Flex, many plaintiff attorneys have continued to push judges to give jury instructions...more

Are Alternative Fee Arrangements the Future of Attorney’s Fees Arrangements in Orphans’ Court Litigation?

The 2016 amendments to the Pennsylvania Supreme Court Orphan’s Court Rules brought a slight shift in Orphan’s Court litigation. Aiming to provide a uniform standard of practice, the new Rules closely align with the...more

Pennsylvania Supreme Court Extends Reach of Unfair Trade Practices and Consumer Protection Law to Transactions Occurring Outside...

The Supreme Court greatly expanded the territorial reach of the Unfair Trade Practices and Consumer Protection Law recently, holding that the Law reaches the alleged acts of Pennsylvania-based companies outside the...more

Tincher Returns to Blow Away Some of Its Own Smoke

by Wilson Elser on

In Tincher v. Omega Flex, Inc., 104 A. 2d 328 (Pa. 2014), the Pennsylvania Supreme Court cast aside more than 35 years of precedent when it reformulated the standards determining the circumstances under which a product is...more

Pennsylvania Supreme Court: If You Want to Search a Cell Phone, Get a Warrant!

by Ballard Spahr LLP on

The Pennsylvania Supreme Court recently issued a sweeping ruling “that accessing any information from a cell phone without a warrant” violates the Fourth Amendment to the United States Constitution. ...more

Pa. Supreme Court Finds Pa. Consumer Protection Law May Protect Nonresidents

by Pepper Hamilton LLP on

On February 21, the Pennsylvania Supreme Court held that nonresidents can bring a claim against a business headquartered and operating from Pennsylvania under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law...more

Superior Court of Pennsylvania Reverses Tincher and Rules that Azzarello Jury Instructions Fail to Conform to Applicable Law

by White and Williams LLP on

In 2014, The Supreme Court of Pennsylvania decided Tincher v. Omega Flex and overruled Azzarello. The Tincher court remanded the case for further proceedings to determine whether the defendants should be granted a new trial....more

It Should Be Obvious – An Azzarello Jury Charge Is Reversible Error In Pennsylvania After Tincher

by Reed Smith on

If you’re not interested in Pennsylvania product liability law at the moment, come back tomorrow. This particular post is not limited to (or even primarily about) prescription medical products....more

Whose Employee is it Anyway? The Construction Workplace Misclassification Act Provides Clarity in Workers’ Compensation Cases

The first cases addressing the impact of Pennsylvania’s Construction Workplace Misclassification Act (“CWMA”) in the context of the Pennsylvania’s Workers’ Compensation Act, have finally reached the Appellate Courts. The...more

Pennsylvania Supreme Court Holds Two Year Statute of Limitations Accrues from Date of Death for Both Survival and Wrongful Death...

On November 22, 2017, the Supreme Court of Pennsylvania affirmed a decision in Dubose v. Quinlan, 2017 WL 5616235 (Pa., Nov. 22, 2017), holding that the two-year statute of limitations for medical professional negligence...more

Public Access Policy Requirements Begin January 6, 2018

Effective on January 6, 2018, the PA Supreme Court’s “Public Access Policy” adds significant new requirements related to information contained in documents filed in Pennsylvania’s courts, including the Orphans’ Court Division...more

RESTARTING THE CLOCK: Court Determines that Prohibition on Competition Under Injunction Commences From Date of Order as Opposed...

by Cohen & Grigsby, P.C on

Resolving a nettlesome issue in restrictive covenant litigation, the Pennsylvania Superior Court recently held that the amount of time a former employee is prohibited from competing with his former employer under an...more

Pennsylvania Supreme Court Breathes New Life into Survival Actions

by Barley Snyder on

The Pennsylvania Supreme Court gave new life to otherwise time-barred survival action claims in medical malpractice cases in a significant decision last month – even if one justice was blunt in his disagreement with the...more

Pa. Supreme Court Decision May Materially Shorten Time for Filing Tax Refund Claims

by Ballard Spahr LLP on

Pennsylvania taxpayers should be aware of the recent decision by the Pennsylvania Supreme Court in Mission Funding Alpha v. Commonwealth, in which the court held that a refund claim is timely only if it is filed within three...more

Tax Appeals Based on Property Type May Violate State Constitution

by Tucker Arensberg, P.C. on

Valley Forge Towers Apartments N, L.P. v. Upper Merion Area School Dist., 2017 Pa. LEXIS 1520, 163 A.3d 962 (Pa. July 5, 2017). (The Pennsylvania Supreme Court holds that school district’s tax assessment appeal policy...more

Pennsylvania Supreme Court Declares $3,000,000 Net Loss Carryover Deduction Unconstitutional

by Tucker Arensberg, P.C. on

On October 18, 2017 the Pennsylvania Supreme handed down its decision in Nextel Communications of the Mid Atlantic v. Commonwealth of Pennsylvania No. 6 EAP 2016. The tax provision at issue gave taxpayers with a net...more

Pennsylvania Supreme Court Declares Dollar-Based NOL Cap Unconstitutional

by Ballard Spahr LLP on

In a unanimous decision in Nextel Communications of the Mid-Atlantic, Inc. v. Commonwealth, the Pennsylvania Supreme Court affirmed the Commonwealth Court's holding that Pennsylvania's dollar-based cap on corporate net income...more

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