News & Analysis as of

Liability PA Supreme Court

Marshall Dennehey

Forum Non Conveniens Motion Prevails Despite Recent Venue Rule Change

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On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more

Goldberg Segalla

Does the Statute of Limitations Ever Apply in Legal Malpractice?

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It’s probably reasonable to assume — at least from the defense standpoint — that the success rate of a statute of limitations (SOL) defense to a legal malpractice claim is virtually zero. This may be more so in some...more

White and Williams LLP

A Look at What's to Come: Looming Changes to the Pennsylvania Statutory Liability Caps

White and Williams LLP on

Perhaps unsurprisingly for plaintiffs’ and defense attorneys who have been following the ongoing saga related to statutory damages caps, the Pennsylvania Supreme Court granted an appeal in Freilich v. SEPTA, 302 A.3d 1261...more

Marshall Dennehey

Pa. Supreme Court Evaluates Constitutional Parameters of a Jury’s Punitive Damage Award

Marshall Dennehey on

While it is well known that an insured has a clear and convincing standard of proving bad faith in order to recover such damages, it is lesser recognized that an insured does not have to prove outrageous conduct or evil...more

Marshall Dennehey

Pennsylvania Supreme Court Extends Contractor Liability for Obvious Defects in Completed Work

Marshall Dennehey on

The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it. The City of...more

Husch Blackwell LLP

Judicial Hellhole Ranks for 2022-23 Receive a Significant Shake Up

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The American Tort Reform Foundation (ATR) released its 2022-2023 Judicial Hellhole report. In this report, the ATR ranks the eight most dangerous jurisdictions for corporate defendants and their defense attorneys. This year...more

Husch Blackwell LLP

Mallory enforced by Philadelphia Court – There Is No General Jurisdiction Based on Registration to Do Business

Husch Blackwell LLP on

We previously blogged on the Pennsylvania Supreme Court’s decision in Mallory v. Norfolk S. R.R. Co., Civ. A. No. 3 EAP 2021, Slip. Op. J-49-2021 (Pa. Dec. 22, 2021), which put an end to general jurisdiction based solely on...more

Houston Harbaugh, P.C.

Could the Organizing Business be Liable For “Overserving” at a Company Event Under Pennsylvania’s Dram Shop Law?

Houston Harbaugh, P.C. on

An end of the year party or a summer picnic is a regular practice for many businesses. Many of those social outings feature the consumption of alcohol. But, if someone drinks too much and injures another person, could the...more

Houston Harbaugh, P.C.

Pennsylvania Supreme Court Broadens the Scope of the “Piercing the Corporate Veil” Doctrine

Houston Harbaugh, P.C. on

Earlier this year, Houston Harbaugh wrote on the then-pending Pennsylvania Supreme Court case of Mortimer v. McCool, which presented the question of whether the Court would adopt the “enterprise” or “single entity” theory of...more

Rosenberg Martin Greenberg LLP

Pennsylvania Supreme Court Recognizes Both Enterprise Liability And Reverse-Veil Piercing As Viable Theories for Holding...

In a July 21, 2021 decision, the Supreme Court of Pennsylvania examined whether Pennsylvania recognizes the doctrine variously referred to as the “single-entity,” “enterprise,” or “horizontal liability” theory. Under that...more

Jones Day

Pennsylvania Supreme Court Endorses Rule of Capture for Hydraulic Fracturing - Opinion in Briggs v. Southwestern Energy Co. left...

Jones Day on

The oil and gas industry in Pennsylvania attained a narrow victory after the Supreme Court of Pennsylvania endorsed the application of the rule of capture, the century-old legal principle shielding drillers from trespassing...more

Bricker Graydon LLP

Hydraulic fracturing and subsurface trespass in Pennsylvania: Briggs v. Southwestern Energy Production Co.

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In a case of first impression that drew interest across Appalachia, the Pennsylvania Supreme Court determined on January 22, 2020, that the rule of capture applies when natural gas is extracted through hydraulic fracturing...more

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