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Federal

eNotes: Liability – February 2024 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARY Villagran v. Freightbull, Inc. United States District Court for the Eastern District of Pennsylvania No. 22-2159, 2023 U.S. Dist. LEXIS 184637 Decided: October 12, 2023 Court grants partial summary judgment as to claims for punitive damages. Background Plaintiff brought suit as the administratrix of

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CLIENT ADVISORY: Centers for Medicare and Medicaid Services Announces Civil Monetary Penalty Regulations for Untimely Reporting

The Centers for Medicare and Medicaid Services (“CMS”) is permitted to impose a civil monetary penalty of “up to $1,000” per day for a liability insurer’s failure to comply with reporting requirements with respect to settlements of third-party liability claims with Medicare beneficiaries.  In October 2023, CMS adopted regulations specifying

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eNotes: Liability – January 2024 – Federal

SIGNIFICANT CASE SUMMARIES Federal Case Summary London-Walker v. Walgreens Family of Cos. United States District Court for the Eastern District of Pennsylvania 2023 U.S. Dist. LEXIS 179610 Decided: October 4, 2023 Under Pennsylvania law, service of original process cannot be accomplished by emailing a copy of a Writ of Summons

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eNotes: Liability – December 2023 – Federal

SIGNIFICANT CASE SUMMARIES Federal Case Summaries Givens v. Walmart Stores, Inc. Third Circuit Court of Appeals No. 22-2989 Decided: October 31, 2023 Plaintiff failed to establish a prima facie claim for malicious prosecution when there was probable cause for arrest. Background On May 13, 2021, a retail theft of tools

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eNotes: Liability – August 2023 – Federal

SIGNIFICANT CASE SUMMARIES FEDERAL CASE SUMMARIES Mallory v. Norfolk S. Ry. Co. United States Supreme Court No. 21-1168 Decided: June 27, 2023 In a split decision, U.S. Supreme Court holds Pennsylvania court has personal jurisdiction over Norfolk Southern because the railroad had registered to do business in Pennsylvania, and thereby

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