Monday, February 2, 2026

WATCH OUT FOR THIS PITFALL WITH DEADLINES

On December 24, 2025, the U.S. Postal Service implemented new procedures for dating mail.  As of that date and going forward, the Post Office will postmark letters and packages with the date they are processed at the postal facility rather than the date that they are dropped off in the mailbox as was the case in the past. 

This shift in procedure could affect whether time-sensitive mail is considered to be on time.

Commentators have recommended that, if your mail is time-sensitive in this regard, you should walk the mail into the post office and request a manual postmark to ensure that the postmark date matches the day you mailed the item.  You can also request a certificate of mailing.


Source of image:  Photo by Anthony Acosta on www.pexels.com.

Summary Judgment Denied in Federal Court Snow and Ice Slip and Fall Case


In the case of Spa Resort, L.P., No. 3:24-CV-0796 (M.D. Pa. Jan. 9, 2026 Saporito, J.), the court denied the Defendant resort’s Motion for Summary Judgment in a slip and fall case.

The Defendant landowner argued that the hills and ridges doctrine applied because the Plaintiff allegedly slipped and fell due to icy conditions that resulted from snowfall on the day of the incident.

In opposition, the Plaintiffs argued that the Plaintiff did not slip and fall due to icy conditions caused by the snowstorm, but rather, because the Defendants’ driveway was improperly maintained and repaired such that the hills and ridges doctrine did not apply.

The court ultimately concluded that questions of fact remained as to whether the hills and ridges doctrine applied to shield the property owner from liability regarding the allegedly slippery conditions on the premises.
Judge Joseph F. Saporito, Jr.
M.D. Pa.


In his decision, Judge Saporito provided a detailed review of the current status of the law in Pennsylvania regarding the hills and ridges doctrine.

Anyone wishing to review a copy of this decision may click this LINK.


Source: Article – “Jury To Decide If Spa Resort Can Be Liable Under ‘Hills and Ridges’ Doctrine In Slip-And-Fall Case,” By Riley Brennan of The Legal Intelligencer (Jan. 12, 2026).

Pennsylvania Supreme Court Finds It Cannot Reach Question of Validity of Uber's Arbitration Clause


In the case of Chilutti v. Uber, No. 58 EAP 2024 (Pa. Jan. 21, 2026) (Op by Brobson, J.), the Pennsylvania Supreme Court addressed a request by Uber to refer a personal injury civil litigation matter to arbitration.

According to the Opinion, a woman who uses a wheelchair sued Uber Technologies, Inc. and others after an incident in which an Uber driver failed to provide her with a seat belt while transporting her in a wheelchair-accessible vehicle, causing her to fall and sustain injuries.

The Plaintiff filed a negligence cause of action in court. Uber responded by filing a Petition to Compel Arbitration, arguing that the Plaintiffs had agreed to arbitrate their claims when they enrolled in Uber’s service.

At the trial court level, the trial court granted Uber’s Petition and ordered the parties to proceed to Arbitration.

At the Superior Court level, the Superior Court, sitting en banc, reversed and held that there was valid agreement to arbitrate and remanded for further proceedings.

In this decision, the Pennsylvania Supreme court first reviewed whether an Order compelling Arbitration and staying trial proceedings is an immediately appealable collateral Order. The Supreme Court held that such an Order does not meet the requirements for a collateral Order because the issue can be reviewed after the entry of a final judgment and, as such, did not result in irreparable loss if the judicial review is postponed. 

Accordingly, the Supreme Court vacated the Superior Court’s decision and remanded the case back to the trial court with instructions on how to proceed.

In light of this decision, the Pennsylvania Supreme Court did not address the issue of the validity of the Uber Arbitration Agreement or the merits of whether Arbitration could be compelled in cases involving Uber.

Anyone wishing to review a copy of this decision may click this LINK.


Source: Justia Daily Opinion Summaries, www.justia.com (Jan. 22, 2026).4


Source of image:  Photo by Tingey on www.unsplash.com.