![]() PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elizabeth Adler on behalf of Lehigh Valley Health Network, Inc. Signed by Honorable Malachy E Mannion on (gg) ORDER GRANTING #11 Motion to Extend Time as follows: Defendant LVHN's deadline to answer or otherwise respond to Plaintiff's Complaint is extended through and including. Gustafson Signed by Honorable Malachy E Mannion on. ![]() SPECIAL ADMISSIONS FORM APPROVED as to Daniel E. Paris Signed by Honorable Malachy E Mannion on. SPECIAL ADMISSIONS FORM APPROVED as to Simon B. Sumner Signed by Honorable Malachy E Mannion on. SPECIAL ADMISSIONS FORM APPROVED as to Phyllis B. Adler Signed by Honorable Malachy E Mannion on. SPECIAL ADMISSIONS FORM APPROVED as to Elizabeth D. (Attachments: #1 Exhibit(s) A - Declaration of Mary Ann La Rock, #2 Exhibit(s) B, #3 Exhibit(s) C - Unpublished Opinions)(Sumner, Phyllis) MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Lehigh Valley Health Network, Inc.(Sumner, Phyllis)īRIEF IN OPPOSITION re #13 MOTION to Remand to State Court filed by Lehigh Valley Health Network, Inc. (Attachments: #1 Unpublished Opinion(s))(Sumner, Phyllis) (gg)īRIEF IN SUPPORT re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lehigh Valley Health Network, Inc. Signed by Honorable Malachy E Mannion on. SCHEDULING ORDER: Case Management Conference set for 01:30 PM VIA TELEPHONE before Honorable Malachy E Mannion. (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Unpublished Opinion(s))(Howard, Patrick) REPLY BRIEF re #13 MOTION to Remand to State Court filed by Jane Doe. re #13 MOTION to Remand to State Court filed by Jane Doe Signed by Honorable Malachy E Mannion on. ![]() ORDER: The defendant shall submit to the court the the total number of individuals with a billing or residential address within Pennsylvania and the number of individuals with a billing or residential address outside Pennsylvania no later than. (Howard, Patrick)ĭISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Lehigh Valley Health Network, Inc. (Attachments: #1 Unpublished Opinion(s))(Howard, Patrick)ĬASE MANAGEMENT PLAN JOINT by Jane Doe. (gg)īRIEF IN OPPOSITION re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Jane Doe. TELEPHONE Case Management Conference has been RESCHEDULED to occur on 11:30 AM before Honorable Malachy E Mannion. REPLY BRIEF re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Lehigh Valley Health Network, Inc. re #28 Order, Defendant Lehigh Valley Health Network, Inc.'s Submission in Response to the Court's Order (Sumner, Phyllis) NOTICE by Lehigh Valley Health Network, Inc. If you have any questions, please contact us.This docket was last retrieved on June 2, 2023. We continue to recommend that freight brokers assert the FAAAA preemption defense early, file dispositive motions, and consider filing appeals where appropriate so that other federal circuit courts decide this issue, and the Supreme Court of the United States will be inclined to accept a writ of certiorari. ![]() 2020), which found that the “safety exception” applies to personal injury claims against a freight broker. 13, 2023), and rejected the Ninth Circuit Court of Appeals’ decision in Miller v. The Middle District of Pennsylvania followed the reasoning in Ye v. The estates of both decedents filed wrongful death lawsuits against numerous defendants, including Coyote, claiming it negligently hired/selected/entrusted Global Sunrise, that Coyote was vicariously liable for the truck driver’s underlying negligence, and that Coyote was in a joint venture with the motor carrier and driver.Ĭoyote answered the complaints, filed a motion for summary judgment, and the United States District Court for the Middle District of Pennsylvania granted Coyote summary judgment on the basis that the FAAAA preempted all of plaintiffs’ claims and that the “safety exception” did not apply. Without Coyote’s knowledge, another motor carrier picked up the load and was involved in the subject fatal accident. (“Golf”), to transport a load from Oregon to New York. In Lee, the freight broker, Coyote Logistics, LLC (“Coyote”), hired/selected a motor carrier, Golf Transportation, Inc. § 14501(c)(1), and 2) not saved by the “safety exception” found in 49 U.S.C. On November 7, 2023, the United States District Court for the Middle District of Pennsylvania held that plaintiffs’ claims for vicarious liability, negligent hiring/selection/entrustment, and joint venture against a freight broker were: 1) preempted by the 1994 Federal Aviation Administration Authorization Act (“FAAAA”) found in 49 U.S.C. FAAAA PREEMPTION DECISION ALERT: MIDDLE DISTRICT OF PENNSYLVANIA RULES THAT VICARIOUS LIABILITY, NEGLIGENT HIRING/SELECTION/ENTRUSTMENT, AND JOINT VENTURE CLAIMS AGAINST A FREIGHT BROKER ARE PREEMPTED BY THE FAAAA AND NOT SAVED BY THE “SAFETY EXCEPTION” ![]()
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