Featured Amicus Briefs

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Sector: Health Care

Leadbitter vs. Keystone Anestesia Consultants

This case presents two questions. Does the Superior Court’s holding directly conflict with the Pennsylvania Peer Review Protection Act, by ordering the production of acknowledged “peer review documents” solely because they were maintained in a physician’s credentialing file? Does the Superior Court’s holding directly conflict with the Federal Healthcare Quality Improvement Act and federal regulations which protect from disclosure, responses to statutorily-required inquiries of the national practitioner data bank, by ordering the production of such documents?

Status: Opinion issued August 17, 2021 favorable to health care and the protection of peer review documents from discovery in litigation. It was an unanimous decision authored by Justice Saylor. Justice Wecht wrote concurring statement..

Sector: Health Care

Kirksey vs. Children’s Hospital of Pittsburgh, UPMC, Univ. of Pittsburgh Physicians, and Satyanarayana Gedela, MD

At issue: Must a limiting jury instruction be given when evidence of general risks and complications are admitted in a medical negligence case?

Status: Supreme Court dismissed the appeal as improvidently granted. Justice Wecht wrote a concurring statement

Screenshot of Mortimer v. McCool Amicus brief cover

Sectors: Business, Health Care

Mortimer v. McCool

Whether, in this matter of first impression, the Supreme Court should adopt the "enterprise theory" or "single entity" theory of piercing the corporate veil when two or more sister companies operate as a single corporate combine?

Status: Opinion Issued July 21, 2021. The Court declined to adopt a form of enterprise liability for piercing the corporate veil, saying the facts of this case would not allow it. The court did however invite lower courts to take up the enterprise liability doctrine when appropriate under the facts.