Justia Civil Procedure Opinion Summaries

The Pennsylvania Supreme Court granted allowance of appeal to consider whether the Commonwealth Court erred in quashing the notice of appeal filed by the Family Court of the Court of Common Pleas of the First Judicial District (the Family Court) on the basis that the trial court’s order was not an appealable collateral order under Pennsylvania Rule of Appellate Procedure 313. Because the Court concluded the trial court’s order denying summary judgment on sovereign immunity grounds was a collateral order, appealable as of right under Rule 313, the Supreme Court reversed the Commonwealth Court and remanded to the Commonwealth Court for further proceedings. View "Brooks v. Cole, et al." on Justia Law

Appellee Northside Leadership Conference (NLC), was a non-profit community development corporation that owned contiguous real property in Pittsburgh situated in a local neighborhood commercial zoning district designated for mixed use. In 2018, NLC applied for variances and special exceptions necessary to, inter alia, maintain the retail space, remodel and reopen the restaurant and permit the construction of six additional dwelling units. In 2018, a three-member panel of the Pittsburgh Zoning Board of Adjustment (ZBA) conducted a hearing on NLC’s applications. Appellants Stephen Pascal and Chris Gates attended the hearing and objected to NLC’s applications. The ZBA ultimately granted the variance and special exception applications. The Pennsylvania Supreme Court granted discretionary review to consider whether the Commonwealth Court erred in approving a decision granting zoning relief despite: (1) the timing of the decision and (2) the alleged conflict of interest of one member of a three-member panel of the ZBA. We affirm in part and reverse in part, and remand for a new hearing before a different three-member panel of the ZBA.The Supreme Court found that the ZBA member ruling on the propriety of zoning applications brought by an organization on whose board she sat at all relevant times "so clearly and obviously endangered the appearance of neutrality that her recusal was required under well-settled due process principles that disallow a person to be the judge of his or her own case or to try a matter in which he or she has an interest in the outcome." The Supreme Court held the Commonwealth Court erred in rejecting appellants’ arguments on this issue and upholding the resulting tainted ZBA decision. Accordingly, the Court affirmed the Commonwealth Court’s order in part and reversed in part. The matter was remanded for a new hearing on the appellee NLC’s zoning applications before a newly constituted panel of the ZBA. View "Pascal, et al. v. City of Pgh ZBA, et al." on Justia Law

The Appellee in this case, K.N.B., was a freshman at Clarion University in 2015. K.N.B. claimed that a fellow Clarion student, M.D., sexually assaulted her in September 2015. K.N.B. initially did not report the assault to the police. Only after seeing M.D. at a Walmart in early 2018 did K.N.B. report the assault to the Clarion University Police Department. By this time, K.N.B. was no longer a student at the University. The main question this appeal presented for the Pennsylvania Supreme Court's review was whether a petition seeking a protective order under the Protection of Victims of Sexual Violence or Intimidation Act (“PVSVIA”) was subject to the two-year statute of limitations governing certain enumerated civil actions, or the six-year catch-all statute of limitations that applies to non-enumerated actions. Because the Supreme Court concluded that the six-year limitations period applied, affirming the superior court. View "K.N.B. v. M.D." on Justia Law

This discretionary appeal concerned discovery in a medical negligence lawsuit in which the patient suffered complications following surgery at a hospital. The issue was whether certain portions of the hospital’s credentialing file for the doctor who performed the surgery were protected from discovery. The hospital claimed protection under the Peer Review Protection Act and the federal Health Care Quality Improvement Act. The Supreme Court held: (1) a hospital’s credentials committee qualified as a “review committee” for purposes of Section 4 of the Peer Review Protection Act to the extent it undertakes peer review; and (2) the federal Health Care Quality Improvement Act protects from disclosure the responses given by the National Practitioner Data Bank to queries submitted to it – and this protection exists regardless of any contrary aspect of state law. The order of the Superior Court was reversed insofar as it ordered discovery of the NPDB query responses. It was vacated in all other respects and the matter was remanded for further proceedings. View "Leadbitter v. Keystone, et al." on Justia Law

The trial court in this case denied a county agency’s petitions to terminate involuntarily the parental rights of a mother. The agency appealed to the Superior Court, which reversed the trial court’s order and effectively terminated the mother’s parental rights to two of her children. The Pennsylvania Supreme Court granted the mother’s petitions for allowance of appeal to consider two issues: (1) whether the Superior Court’s decision conflicted with the Supreme Court's decision in In re R.J.T., 9 A.3d 1179 (Pa. 2010); and (2) whether the Superior Court erred by substituting its judgment for that of the trial court. After review, the Supreme Court concluded the Superior Court exceeded its standard of review. "Rather than examining the record to determine whether it supports the trial court’s conclusion that the various conditions that led to the Children’s removal from Mother’s custody no longer continue to exist, the intermediate court focused exclusively on one condition that led to the Children’s removal, i.e., Mother’s mental health issues, and searched the record to support its view that Mother has failed to address this condition adequately. Because the Superior Court erred by substituting its judgment for that of the trial court, we vacate the Superior Court’s judgment and reinstate the trial court’s order." View "In the Interest of: S.K.L.R." on Justia Law

The United States Third Circuit Court of Appeals certified a question of law to the Pennsylvania Supreme Court involving the state's Motor Vehicle Financial Responsibility Law (“MVFRL”). In July 2015, Corey Donovan (“Corey”) suffered significant injuries due to a collision between a motorcycle, which he owned and was operating, and an underinsured vehicle. He recovered the $25,000 limit of coverage available under the policy insuring the underinsured vehicle as well as the $50,000 per person limit of UIM coverage available under Corey’s policy insuring the motorcycle, issued by State Farm Automobile Insurance Company. Corey then sought coverage under a policy issued by State Farm to his mother, Linda Donovan (“Linda”), under which he was insured as a resident relative. Linda’s Auto Policy insured three automobiles but not Corey’s motorcycle. Linda’s policy had a UIM coverage limit of $100,000 per person, and Linda signed a waiver of stacked UIM coverage on her policy which complied with the waiver form mandated by Section 1738(d) of the MVFRL. First, the Pennsylvania Court considered whether an insured’s signature on the waiver form mandated by 75 Pa.C.S. 1738(d) resulted in the insured’s waiver of inter-policy stacking of UIM coverage where the relevant policy insured multiple vehicles. To this, the Supreme Court held the waiver invalid as applied to inter-policy stacking for multi-vehicle policies in light of its decision in Craley v. State Farm Fire and Casualty Co., 895 A.2d 530 (Pa. 2006). The Court then determined whether the policy’s household vehicle exclusion was enforceable following its decision in Gallagher v. GEICO Indemnity Company, 201 A.3d 131 (Pa. 2019). Finally, after concluding that the household vehicle exclusion was unenforceable absent a valid waiver of inter-policy stacking, the Court addressed the third question posed by the Court of Appeals regarding the applicability of the policy’s coordination of benefits provision for unstacked UIM coverage. After review, the Supreme Court held that the policy’s coordination of benefits provision for unstacked UIM coverage did not apply absent a valid waiver of inter-policy stacking. Having answered these questions of law, the matter was returned to the Third Circuit. View "Donovan, et al. v. State Farm Mutual Ins. Co." on Justia Law

The Sixth Circuit Court of Appeals certified two questions to the Pennsylvania Supreme Court: (1) whether time spent on an employer’s premises waiting to undergo, and undergoing, mandatory security screening is compensable as “hours worked” within the meaning of the Pennsylvania Minimum Wage Act1 (“PMWA”); and (2) whether the doctrine of de minimis non curat lex, as described in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), applied to bar claims brought under the PMWA. This case arose out of a class action suit for unpaid wages brought by Appellants Neil Heimbach and Karen Salasky (“Employees”) who worked for Appellees (collectively “Amazon”) at Amazon’s warehouse facility in Pennsylvania. The Supreme Court replied: (1) time spent on an employer’s premises waiting to undergo, and undergoing, mandatory security screening constituted “hours worked” under the PMWA; and (2) there exists no de minimis exception to the PMWA. View "Heimbach, et al. v. Amazon.com, et al." on Justia Law

The issue this case presented for the Pennsylvania Supreme Court's review centered on the proper application of the statute of limitations to a tort action filed by Renee’ Rice against the Diocese of Altoona-Johnstown and its bishops (collectively, the “Diocese”) for their alleged role in covering up and facilitating a series of alleged sexual assaults committed by the Reverend Charles Bodziak. Rice alleged that Bodziak sexually abused her from approximately 1974 through 1981. She did not file suit against Bodziak or the Diocese until June 2016, thirty-five years after the alleged abuse stopped. The Supreme Court concluded that a straightforward application of Pennsylvania’s statute of limitations required that Rice’s complaint be dismissed as untimely. View "Rice v. Diocese of Altoona-Johnstown" on Justia Law

In consolidated cases, the Commonwealth Court reversed determinations of the Pennsylvania Public Utility Commission (“PUC”), holding that Section 1301.1(a) required public utilities to revise their DSIC calculations to include income tax deductions and credits to reduce rates charged to consumers. Several public utilities sought to add or adjust DSICs to recover expenses related to repairing, improving, or replacing their distribution system infrastructure, and the Office of Consumer Advocate (“OCA”), through Acting Consumer Advocate Tanya McCloskey, raised challenges to these DSIC computations seeking to add calculations to account for income tax deductions and credits and thereby reduce the rates charged to consumers. The parties disputed whether and, if so, how the addition of Section 1301.1(a) into Subchapter A of Chapter 13 of the Code, requiring inclusion of “income tax deductions and credits” in rate calculations, should apply to the DSIC rate adjustment mechanism of Subchapter B of Chapter 13, 66 Pa.C.S. sections 1350- 1360. Broadly, the PUC and the public utilities argued: (1) ambiguity existed as to whether the General Assembly intended Section 1301.1 to apply to the DSIC mechanism; and, assuming for argument that it did apply; (2) that the Commonwealth Court’s application of Section 1301.1(a) improperly created conflicts with the statutory provisions governing the DSIC calculation; and/or (3) that certain existing DSIC statutory provisions could be read to satisfy the requirements of Section 1301.1(a). Though the Pennsylvania Supreme Court differed in its reasoning, it affirmed the outcome of the Commonwealth Court's judgment. View "McCloskey v. PUC" on Justia Law

In May 2017, a PennLive reporter, PennLive, and the Patriot-News (collectively, “Appellees”) requested disclosure of all of the medical marijuana business permit applications in Pennsylvania pursuant to the Right- to-Know Law (“RTKL”). The Medical Marijuana Act, as well as the Department of Health’s temporary regulations, explicitly provided that permit applications were public records subject to disclosure under the RTKL. The applications for the issuance of permits required extensive information pertaining to various facets of the applicant’s intended business, including, inter alia, financial and operational capabilities; community impact plans; site and facility plans; the verification of an applicant’s principals, operators, financial backers, and employees; a description of the business activities in which the applicant intended to engage; and a statement that the applicant was able to maintain effective security and prevent diversion or other illegal conduct related to their medical marijuana business. The Department denied Appellees’ RTKL request, in part, referring Appellees to redacted copies of applications posted on its website. Access to the certain other applications, which had not yet been posted, were denied. The Department did not independently review the applicants’ redactions, but accepted all applicants’ redactions that applicants deemed confidential or proprietary, or otherwise subject to redaction under the RTKL. This resulted in a disparity in redactions across the various applications. Appellees appealed to the Office of Open Records, claiming the Department lacked a legal basis for its redactions. The Department and Applicants filed petitions for review with the Commonwealth Court, asserting various claims of error with respect to the OOR’s ultimate application of the exemptions under the RTKL to their respective applications. The Pennsylvania Supreme Court affirmed the Commonwealth Court in two aspects: (1) rejecting the Department’s request to be relieved of its obligations to review all requests and determine what parts of a record are subject to disclosure and what parts are subject to redaction; and (2) rejecting Applicant Harvest’s contention that, its entire application should be deemed to be exempt from disclosure. The Court vacated parts of the Commonwealth Court's decision regarding Applicant Terrapin's claim its application was exempt from disclosure. The matter was remanded the Commonwealth Court for reconsideration of Terrapin's arguments for exemption. View "PennLive v. Dept of Health, Aplt." on Justia Law