Successes
Favorable Ruling for Nursing Home from Superior Court of Pennsylvania
Paul Peel received a favorable ruling for a nursing home from the Superior Court of Pennsylvania. In Wister v. Liberty Nursing & Rehabilitation Ctr., 200 EDA 2005 (Pa. Super. October 17, 2005), the Superior Court of Pennsylvania reversed a trial court's...
Dismissal of All Claims for Insurance Agent
In a case involving a claim of professional negligence against an insurance agent filed in Philadelphia County Court of Common Pleas, Anthony P. DeMichele obtained a voluntary dismissal for his client. In the lawsuit, the plaintiff claimed that his insurance...
Arbitration Award for General Contractor
Marshall L. Schwartz obtained an arbitration award in favor of a general contractor in a Montgomery County construction litigation matter. The defendant, and owner of the property at issue, failed to make payment under the contract. The matter proceeded to arbitration...
Defense Verdict for Orthopedic Spine Surgeon in Camden County, New Jersey
Daniel F. Ryan, III obtained a defense verdict for an orthopedic spine surgeon in Camden County, New Jersey. In 2002, plaintiff presented to the orthopedic spine surgeon with symptoms and physical findings of cervical myelopathy. Cervical myelopathy is a...
Defense Verdict for Anesthesia Pain Management Group in Montgomery County
Michael O. Pitt and Amanda A. O'Dea obtained a defense verdict for an anesthesia pain management group in Montgomery County, Pennsylvania. The plaintiff had a series of stellate ganglion blocks for arm pain, which were performed by several anesthesia...
Defense Verdict for Orthopedic Surgeon in Philadelphia County
Heather Hansen and Christy L. Williamson obtained a defense verdict for an orthopedic surgeon in Philadelphia County, Pennsylvania. In 2003, Plaintiff underwent a right total knee arthroplasty procedure. After the procedure, Plaintiff allegedly suffered...
Superior Court of Pennsylvania Affirms Trial Court’s Entry Of Judgment On Verdict In Favor Of Two Physicians And A Hospital
The Superior Court of Pennsylvania recently affirmed the trial court's entry of judgment on the verdict in favor of two physicians and a hospital in McNulty v. Thomas Jefferson University Hospitals, Inc. In McNulty, the plaintiffs commenced a wrongful death/survival...
Arbitration Award for Employee against Former Employers
Anthony P. DeMichele obtained an arbitration award in favor of a former employee in a Bucks County employment litigation matter. The defendants, the former employers of the plaintiff, failed to pay the plaintiff his earned wages, bonuses and commissions. The matter...
Defense Verdict for Family Doctor and Practice in Montgomery County
Tracie A. Vizza obtained a defense verdict for a family doctor and his practice, in Montgomery County, Pennsylvania. The case involved a 32 year old man who died from massive, bilateral pulmonary emboli during a visit to a local hospital. A week prior to his trip...
Successful Defense of Real Estate Holding Company and One of its Members in Successor-In-Interest Liability, Fraudulent Conveyance, and Piercing the Corporate Veil Matter
Anthony P. DeMichele successfully defended a real estate holding company and one of its members in the Court of Common Pleas of Northampton County. The case was an offshoot of an underlying lawsuit wherein the plaintiff school district filed a lawsuit against...
Favorable Ruling from Superior Court of Pennsylvania in Certificate of Merit Matter
Paul Peel received a favorable ruling from the Superior Court of Pennsylvania. In Harris v. Neuberger, the Superior Court of Pennsylvania reversed a trial court's order that granted a plaintiff's Petition to Open Judgments of Non Pros and remanded the matter to...
Defense Verdict for Surgeon in Montgomery County
Marshall L. Schwartz obtained a defense verdict in a Montgomery County case in which the plaintiff alleged negligence when his bladder was perforated by a surgeon performing a laparoscopic appendectomy. Plaintiff maintained that if the surgery had been done properly,...
Successful Defense of Buyers at Arbitration Involving Failed Residential Real Estate Transaction
Anthony P. DeMichele successfully defended the buyers in a failed residential real estate transaction. The buyers and sellers entered into a residential real estate agreement of sale. Problems arose at the closing, and as a result, the closing on the property failed...
Defense Verdict in Philadelphia County Court of Common Pleas for Family Physician, Medical Technician, and Practice
Michael O. Pitt obtained a defense verdict in the Philadelphia County Court of Common Pleas for a family physician, her medical technician, and her practice. The defendant physician was the primary care doctor of the plaintiff husband, an avid bowler. Plaintiffs...
Arbitration Finding for Nursing Home in Premises Liability Matter
Jeffrey P. Brien obtained a defense finding on behalf of a nursing home at arbitration in Passaic County, New Jersey. The plaintiff fell on a puddle in the nursing home's employee cafeteria. She broke her wrist, missed time from work, and is permanently disabled....

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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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