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November 01, 2022

eNotes: Liability – November 2022 – Federal

SIGNIFICANT CASE SUMMARIES Federal Case Summaries Testa v. Broomall Operating Co., L.P. United States District Court for the Eastern District of Pennsylvania No. 21-5148-KSM, 2022 U.S. Dist. LEXIS 147856 Decided: August 18, 2022 Claim for COVID-19 death of nursing home patient survives Motion to Dismiss. Background Plaintiff Testa brought this negligence suit after her mother… read more

October 03, 2022

eNotes: Liability – October 2022 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARY Bixler v. Lamendola United States District Court for the Middle District of Pennsylvania No. 20-CV-1819 Decided: July 5, 2022 Expert medical testimony not required where causation of injury is obvious. Background Plaintiff was injured in a motor vehicle accident with Defendant when Defendant attempted to make a U-turn in… read more

September 01, 2022

eNotes: Liability – September 2022 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARIES Cannon v. Watermark Ret. Cmtys., Inc. United States Court of Appeals for the District of Columbia Nos. 21-7-67, 21-7096, 2022 U.S. App. LEXIS 21731 Decided: August 5, 2022 D.C. Circuit Court denies nursing homes’ PREP Act appeals. Background The subject ruling addressed consolidated appeals from two cases filed with… read more

August 02, 2022

eNotes: Liability – August 2022 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARIES Lehmann v. Louisville Ladder, Inc. United States District Court for the Eastern District of Pennsylvania No. 21-4626, __F. Supp.3d__ Decided: July 6, 2022 Pennsylvania Federal District Court holds that a product’s compliance with government and industry standards is admissible in a strict liability design defect trial where plaintiff attacks… read more

July 01, 2022

eNotes: – Liability – July 2022 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARY Gallardo v. Marstiller United States Supreme Court No. 20-1263, ____ S. Ct. ____ Decided: June 6, 2022 The Medicaid Act permits a state to seek reimbursement from settlement payments allocated for future medical care. Background Gianinna Gallardo suffered catastrophic injuries when she was hit by a truck while exiting… read more

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