Statute of Limitations

A Confessed Judgment Filed After The Statute Of Limitations Will Be Stricken

April 18th, 2018

In Driscoll v. Arena, 2018 WL 823202, (Pa. Super., 2/12/18), the Superior Court affirmed the lower court’s order striking a confessed judgment because it was filed after the applicable statute of limitations.

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The Two Year Statute Of Limitation For Wrongful Death Or Survival Commences On Date Of Death Under The MCARE Act

November 30th, 2017

In Dubose v. Quinlan, 2017 WL 5616235, (Pa., Nov. 22, 2017), the Pennsylvania Supreme Court affirmed the decision of the trial court and the Pennsylvania Superior Court, both of which had held that the statute of limitations for medical professional liability in the form of wrongful death or survival action is two years, commencing on the date of decedent’s death, as opposed to two years commencing on the date that the victim ascertained, or in the exercise of due diligence should have ascertained the fact of a cause of action. 

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A Panel of The Superior Court Holds That Punitive Damages May Not be Added After the Statute of Limitations Has Expired.

July 18th, 2017

In Khaalid Amir Wilson, et al v. U.S. Security Associates, Inc., et al, 2017 WL 3034031, 2017 Pa. Super 226 (July 18, 2017), a three judge panel of the Pennsylvania Superior Court held that it was legally incorrect to permit the addition of a clam for punitive damages after the statute of limitations had expired. 

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Failure to Effectuate Service Within 30 Days Not Necessarily Fatal.

May 8th, 2017

In Fernando Melendez v. The Good Samaritan Hospital et al., 1496 MDA 2015 (Pa. Super May 8, 2017), a non-precedential decision, the Pennsylvania Superior Court reversed an order from the Court of Common Pleas of Lebanon that granted the defendant’s motion for judgement on the pleadings based on defective service in a medical malpractice suit. 

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