Legal news
Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions
In its recent decision, Terrell v. Davol, Inc., et al., the Eastern District of Pennsylvania dismissed both a strict liability claim based on a manufacturing defect and a claim alleging a breach of the implied warranty of merchantability for a medical...
Hospital Waives Attorney-Client Privilege by Forwarding Counsel Letter to Public Relations Firm
The PA Superior Court has held that a hospital waived the attorney-client and work-product privilege by forwarding correspondence written by their counsel regarding the naming of the doctor accused of performing medically-unnecessary stents, to a public relations firm...
UPDATE – Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania
The state Supreme Court recently held that arbitration agreements that include a clause specifically designating the National Arbitration Forum as sole arbitrator are invalid. In Wert v. Manorcare of Carlisle PA, LLC,[1] Evonne Wert, on behalf of the...
Pennsylvania Superior Court Vacates A Grant Of Summary Judgment Related To MCARE’s Equitable Tolling Of The Statute Of Limitations
In an opinion authored by the Honorable J. McLaughlin, the Superior Court of Pennsylvania recently vacated an entry of summary judgment based on The Medical Care Availability and Reduction of Error Act’s (“MCARE”) equitable tolling of the statute of limitations...
Supreme Court of Pennsylvania Changes Venue Rules in Medical Malpractice Actions
Since 2003, Pennsylvania Rule of Civil Procedure 1006 required plaintiffs in medical malpractice actions to only file a claim in the county in which the cause of action arose, or in instances where multiple healthcare providers are defendants, any county where venue...
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Legal news
Eastern District of PA Dismisses Liability & Warranty Claims for Medical Device, Predicating Decision on State Lower Court Opinions
In its recent decision, Terrell v. Davol, Inc., et al., the Eastern District of Pennsylvania dismissed both a strict liability claim based on a manufacturing defect and a claim alleging a breach of the implied warranty of merchantability for a medical...
Hospital Waives Attorney-Client Privilege by Forwarding Counsel Letter to Public Relations Firm
The PA Superior Court has held that a hospital waived the attorney-client and work-product privilege by forwarding correspondence written by their counsel regarding the naming of the doctor accused of performing medically-unnecessary stents, to a public relations firm...
UPDATE – Disputes Over Nursing Home Arbitration Agreements Flourish in Pennsylvania
The state Supreme Court recently held that arbitration agreements that include a clause specifically designating the National Arbitration Forum as sole arbitrator are invalid. In Wert v. Manorcare of Carlisle PA, LLC,[1] Evonne Wert, on behalf of the...
Pennsylvania Superior Court Vacates A Grant Of Summary Judgment Related To MCARE’s Equitable Tolling Of The Statute Of Limitations
In an opinion authored by the Honorable J. McLaughlin, the Superior Court of Pennsylvania recently vacated an entry of summary judgment based on The Medical Care Availability and Reduction of Error Act’s (“MCARE”) equitable tolling of the statute of limitations...
Supreme Court of Pennsylvania Changes Venue Rules in Medical Malpractice Actions
Since 2003, Pennsylvania Rule of Civil Procedure 1006 required plaintiffs in medical malpractice actions to only file a claim in the county in which the cause of action arose, or in instances where multiple healthcare providers are defendants, any county where venue...
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