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The Legal Intelligencer

State Case Alert

May 22, 2018

Gintoff v. Thomas et al

Practice Area: Medical Malpractice

Industry: Health Care

Date Filed: 2018-05-04

Court: Courts of Common Pleas

Plaintiffs' medical expert report, which only addressed the care provided by the defendant physician, lacked sufficient expert opinion to establish a prima facie claim for vicarious liability or corporate negligence on the part of the defendant hospital. The court granted the defendant hospital's motion for summary judgment. Read More

Bundy v. Wetzel et al

Practice Area: Constitutional Law

Date Filed: 2018-05-04

Court: Supreme Court

Plaintiff, a prison inmate subject to Act 84 deductions from his prison account to satisfy financial obligations based on criminal convictions, asserted a viable Due Process Clause claim that he was entitled to and deprived of some form of pre-deprivation notice before any funds were taken from his account. The appellate court reversed and remanded. Read More

In the Interest of A.W.

Practice Area: Family Law

Date Filed: 2018-05-04

Court: Superior Court

Juvenile court authorized to grant legal custody to DHS and empower it to make routine medical decisions on behalf of children in its custody, even over the objections of a child's parent, guardian, or custodian. Order of the juvenile court affirmed. Read More

Vinson v. Fitness & Sports Clubs, LLC

Practice Area: Contracts|Personal Injury

Industry: Entertainment and Leisure

Date Filed: 2018-05-04

Court: Superior Court

Trial court properly dismissed appellant's claims against her fitness club for her slip and fall injury because her claims were barred by the exculpatory clause in the membership agreement she had signed. Affirmed. Read More

A Pocono Country Place Prop. Owners Assoc., Inc. v. Kowalski

Practice Area: Corporate Governance|Real Estate

Industry: Non-Profit, Real Estate

Date Filed: 2018-05-07

Court: Commonwealth Court

Defendant behavior toward other board directors of a planned community homeowners' association was boorish and unprofessional, but it did not warrant judicial intervention to remove him as a director under §5726(c) of the Nonprofit Corporation Law because it did not constitute fraud, dishonesty or gross mismanagement. The appellate court affirmed the trial court's denial of plaintiffs' petition. Read More

Hites v. Pennsylvania Interscholastic Athletic Ass'n, Inc.

Practice Area: Class Actions|Personal Injury

Industry: Education

Date Filed: 2018-05-03

Court: Courts of Common Pleas

The court overruled defendant's preliminary objections as to duty and causation based on the law of the case, and the issue of attorney fees was premature, because plaintiffs had not yet moved for class certification. Read More

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