Appellate Practice

The Commonwealth Court of Pennsylvania has issued an order quashing the appeal of a Condominium association for failure to file post-trial motions within the window prescribed by the Pennsylvania Rules of Civil Procedure, despite the reality that arguments never reached the courtroom. In Goshen Valley III Condo. Ass’n v. Messick, the court found that although […]

The Pennsylvania Supreme Court recently upheld a Superior Court ruling which held that punitive damages in the amount of $2.8 million dollars was not unconstitutional, endorsing a “per-defendant” approach of calculating the ratio of punitive to compensatory damages.  In The Bert Company d/b/a Northwest Ins. Services v. Matthew Turk, et al., Defendants Matthew Turk, First […]

A recent case reiterated the standard of care required of teachers in NYC schools.  In K. L. v. City of New York 2023 NY Slip Op 03914 (2nd Dept. 2023), plaintiff was a minor in a classroom under the instruction and supervision of a First-grade teacher and paraprofessional. At one point, the students were sitting on […]

In a recent opinion handed down by the United States Court of Appeals, Third Circuit, for Garcia v. Mountain Creek Riding Stable Inc., a defendant stable owner, who provided horses and guides for trail rides, who had been sued by a plaintiff who was thrown from horseback while taking part in a trail ride, had […]

In recent case, Russell v. Educational Commission for Foreign Medical Graduates, the United States Third Circuit Court of Appeals held that under Pennsylvania law, “[t]o uphold a claim for [negligent infliction of emotional distress (“NIED”)] under a physical impact theory, a plaintiff must show that he or she suffered ‘immediate and substantial physical harm,’ and [reaffirmed […]

Dupree v. Younger, Case Number 22-210 (May 25, 2023) addresses the preservation of legal issues for appellate review. In Dupree, the U.S. Supreme Court found that a summary judgment motion “allows the district court to take first crack at the question that the appellate court will ultimately face: Was there sufficient evidence in the trial […]