Constructive discharge claims can be some of the trickiest types of claims to pursue. They are typically fraught with issues about if and when the resignation/termination occurred. Along those same lines, it has not always been clear when the harassment or discriminatory events leading up to the discharge can trigger the commencement of the statute of limitations.
In March 2009, plaintiff's decedent, Renee Deyo, a self-employed home cleaner in her mid-40s, was diagnosed with urethral cancer. She was diagnosed with small-cell cancer, high-grade urethral cancer, and carcinoma after a four- to five-centimeter mass was found in the right urethral pelvic junction (where the pelvis meets the ureter).
A Philadelphia jury awarded $1.3 million to the estate of an infant who died following a heart transplant procedure.
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Karden Constr. Serv., Inc. v. D'Amico, PICS Case No. 16-0758 (Pa. Super. May 25, 2016) (memorandum) Stabile, J. (11 pages).
Trial court correctly found that there was no agreement between construction company and homeowner for the provision of professional services to assist with litigation and construction management, but trial court erred in holding that homeowner was not unjustly enriched by the provision of construction management services. Affirmed in part, reversed in part and remanded.
Pa. Pub. Util. Comm'n v. Seder/The Times Leader, PICS Case No. 16-0733 (Pa. May 25, 2016) Baer, J.; Saylor, J., dissenting. (23 pages).
A "tip letter" and documents from a subsequent investigation by Public Utility Commission staff were subject to disclosure pursuant to the Public Utility Code (PUC), which required disclosure of documents relied by upon by the commission in reaching a determination. Order of the commonwealth court reversed.
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