In the recent case of In re Asbestos Liability Litigation (No. IV), No. 18-3622 (E.D. Pa. June 6, 2019, Robreno, J.), personal jurisdiction law in Pennsylvania was dramatically changed. Traditionally, personal jurisdiction over foreign corporations in...
Articles/E-Alerts
Eastern District Holds Supreme Court Elimination of the Family Car Exclusion Applies Retroactively
On April 19, 2019, Judge Mark A. Kearney of the Eastern District, issued a memorandum opinion, Butta v. GEICO Casualty Company, E. D. Pa. No. 19-675, which predicted that the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO, 201 A.3d 131 (Pa. 2019), issued...
Failure To Establish Good Faith Effort To Serve Results In Dismissals
Some recent court decisions serve as an important reminder that new cases should always be evaluated to determine that service was proper and effectuated pursuant to Pennsylvania law. In Flannigan v. The Ellwood City Hospital, et. al., No. 30007 of 2017 (Lawrence...
Untimely Removal Causes Remand to State Court
In Bracken v. Dolgencorp, LLC, et al, No 18-4703, (E.D. Pa. Nov. 29, 2018), the Federal Court remanded the case back to the Philadelphia Court of Common Pleas after the Defendant filed an untimely Notice of Removal. The Court noted that Removal must be made...
New PA Rule to Address John/Jane Doe Defendants
On April 1, 2019, Pennsylvania Rule of Civil Procedure 2005 titled ‘Unknown Defendant. Doe Designation’, will go into effect. The rule has been adopted to standardize the procedure in which to assert a cause of action against a Doe defendant. Previously,...