Appellate Decisions

 

  • Lee v. Bower Lewis Thrower, 2014 Pa. Super 240, 102 A.3d 1018 (2014)(Appellate case law sustaining transfer of venue making plaintiff’s attempts at forum shopping more difficult in Pennsylvania)
     
  • Higby Dev., LLC v. Sartor, 954 A.2d 77 (Pa. Cmwlth. 2008)(appellate case law establishing immunity for engineers serving as code enforcement officers for local townships under the Political Subdivision Torts Claims Act)
     
  • Cornell v. Narberth, 107 A. 3d 228, Pa. Cmwlth. (2016)(Sustaining the dismissal of claims against township engineers, code enforcement officers and other appointed officials over the challenges of the plaintiff/developers thereby providing greater protection to engineers serving in official capacities for local political subdivisions)
     
  • Varner v. Classic Cmtys. Corp., 2006 PA Super 2, 890 A.2d 1068 (2006)(appellate precedent sustaining the dismissal of an architectural firm in a multi-fatality fire case based upon the plaintiffs’ failure to file a timely certificate of merit as required by the Pennsylvania Rules of Civil Procedure).
     
  • McHale v. Riddle Mem'l Hosp. & Main Line Health Inc., 2017 Pa. Super. Unpub. LEXIS (2017)(affirming the dismissal of all survival and wrongful death claims against a garage architect based upon the plaintiffs’ failure to establish proximate cause)
     
  • A. Scott Enters., Inc. v. City of Allentown, 636 Pa. 249, 142 A.3d 779 (2015)(establishing standards and procedures for awarding bad faith damages under the Pennsylvania Prompt Pay Act
     
  • Ullman v. Superior Court of Pa., 603 Fed. Appx. 77 (2014) cert denied 2015 U.S. LEXIS 5090 (2015)(affirming an award of attorneys’ fees against a plaintiff filing frivolous civil rights claims and establishing standards for such awards)
     
  • Lobar, Inc. v. Lycoming Masonry, Inc., 2005 PA Super 201, 876 A.2d 997 (2005)(Appellate case law on the issue of whether a promissory estoppel claim is viable arising out of the pre-contract bidding process).
     
  • Oxford Presbyterian Church v. Weil-McLain Co., 2003 PA Super 14, 815 A.2d 1094 (2003)(affirming verdict in favor of defendant oil company in negligence suit and establishing standards for the scope of cross examination of experts)
     
  • Kraus v. Taylor, 710 A.2d 1142 (1998) appeal dismissed as improvidently granted, 560 Pa. 220, 743 A.2d 451 (2000)(Appellate case law holding that a plaintiff impliedly waives statutory privileges against disclosure of psychological, psychiatric and drug and alcohol treatment records by placing his life expectancy in issue in a personal injury suit) 
     
  • PECO v. PSWC, 802 A.2d 666 (2002)(Appellate case law holding that venue is not proper in Philadelphia County in a suit brought against a major suburban utility provider.)