Pursuant to Pennsylvania Fire Ins. Co. of Philadelphia v. Gold Issue Mining & Milling Co., 243 U.S. 93 (1917), Pennsylvania courts can exercise personal jurisdiction over any cause of action brought against out-of-state entities that register to do business in Pennsylvania without offending the Due Process Clause of the Fourteenth Amendment.
The safe-harbor provision for the spoliation of electronic evidence does not shield a party from sanctions if the evidence was altered or destroyed when the party was objectively on notice that litigation was reasonably foreseeable.
The trial court can order the production of raw data and audio recordings by the defendants’ neuropsychologist and transfer raw data and audio recordings of the examination to the plaintiffs’ attorney subject to the transmission protective order.
California law imposes a duty on everyone, including landlords, to exercise reasonable care, and Defendants failed to show public policy considerations to justify departing from that general duty; and causation, as it is in most cases, is a factual issue.
A plaintiff opposing a summary judgment motion involving a property damage coverage claim must: 1) Be able to present proof that the alteration of its property actually caused damage; 2) Identify the specific property that has been damaged; 3) Present proof whether that property had to be replaced or was no longer usable; and 4) Present evidence of the dollar amount t of its loss.