Alexa Woronowicz is chief copy editor for ALM and associate editor for The Legal Intelligencer. Contact her at [email protected] or on Twitter @AWoronowiczTLI.
September 29, 2017 | The Legal Intelligencer
Commonwealth v. Dominick, PICS Case No. 17-1380 (C.P. Lackawanna Sept. 6, 2017) New, J. (14 pages).Defendant was not entitled to a new trial and the appointment of an expert to analyze a supplemental gunshot residue pattern and proximity test conducted by an independent forensic laboratory. The court denied defendant's post-trial motion for relief.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
RB Alden Corp. v. Commonwealth, PICS Case No. 17-1463 (Pa. Commw. Sept. 12, 2017) McCullough, J. (12 pages).Court overruled the commonwealth's exceptions to its order holding that the $2 million limit on the amount of the net loss carryover deduction violated the uniformity clause of the Pennsylvania constitution as it applied to the taxpayer because contrary to commonwealth's argument that Nextel was factually distinguishable, the court properly relied on that case. Exceptions overruled.
By Alexa Woronowicz
2 minute read
September 29, 2017 | The Legal Intelligencer
Razak v. Uber Tech., Inc., PICS Case No. 17-1462 (E.D. Pa. Sept. 13, 2017) Baylson, J. (32 pages).Court denied ridesharing company's motion for partial summary judgment on the question of whether drivers, assuming they were employees, were entitled to compensation for the time they spent online on the company's app because a jury could find that drivers were tethered to their phones, were restricted from engaging in personal activities and were not meaningfully in control of their time. Motion denied.
By Alexa Woronowicz
4 minute read
September 29, 2017 | The Legal Intelligencer
Twp. of Neshannock v. Kirila Contractors, Inc. et al, PICS Case No. 17-1392 (C.P. Lawrence April 27, 2017) Hodge, J. (16 pages).Where the defendant contractor's contract with the plaintiff county contained both differing condition and exculpatory provisions, the jury was charged with resolving the conflicting contractual provisions based upon the evidence presented. The court denied the moving parties' joint motion in limine.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
Borrell v. Bloomsburg Univ. et al, PICS Case No. 17-1446 (3d Cir. Aug. 30, 2017) Hardiman, J. (16 pages).The district court erred in granting plaintiff's motion for summary judgment in her §1983 action where the record failed to demonstrate that state actors were responsible for her dismissal from a nursing program jointly operated by a private hospital and a public university. The court reversed and remanded for the entry of judgment for defendants.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
Heller's Gas, Inc. v. Int'l Ins. Co. of Hannover Ltd., PICS Case No. 17-1454 (M.D. Pa. Sep. 18, 2017) Brann, U.S.D.J. (39 pages).Plaintiff not entitled to insurance coverage for sinkholes that opened beneath propane storage tanks, where plaintiff's policy only provided coverage for a direct physical loss to the tanks, which did not suffer damage, and not for damage to the land at plaintiff's facility. Defendants' motion for summary judgment granted.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
Port Auth. of Allegheny County v. Towne, PICS Case No. 17-1461 (Pa. Commw. Sept. 12, 2017) Leadbetter, S.J. (12 pages)OOR erred in holding that video recordings made by cameras on an authority bus were not exempt pursuant to the noncriminal investigation exemption where requester sought videos after a vehicle accident that led him to file a property claim against the authority because the recordings, which the authority's claims adjuster reviewed in the course of investigating requester's property damage claim were related to and part of the noncriminal investigation and constituted investigative materials. Reversed.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
Fulton v. Bureau of Prof'l and Occupational Affairs, PICS Case No. 17-1452 (Pa. Commw. Sep. 12, 2017) Colins, J. (15 pages).State board of barber examiners erred in denying petition for reinstatement based on prior drug convictions and/or insufficient rehabilitation from such convictions, where those convictions were unrelated to the petitioner's barbershop or barbering work. Order of the state board of barber examiners reversed.
By Alexa Woronowicz
3 minute read
September 29, 2017 | The Legal Intelligencer
James v. Albert Einstein Med. Ctr., PICS Case No. 17-1456 (Pa. Super. Sep. 12, 2017) Platt, J. (16 pages).Medical expert could testify outside of his or her primary specialty where he or she had practical work experience in or where his or her primary specialty overlapped with the specialty at issue. Judgment affirmed.
By Alexa Woronowicz
4 minute read
September 29, 2017 | The Legal Intelligencer
J.P. v. Dep't of Human Servs., PICS Case No. 17-1450 (Pa. Commw. Sep. 12, 2017) Brobson, J. (16 pages).Agency's failure to grant a hearing to the alleged perpetrator of child abuse to challenge the report, after the subject made a sufficiently clear request for hearing, violated due process and warranted the grant of an appeal nunc pro tunc. Order of the Department of Human Services, Bureau of Hearings and Appeals reversed, case remanded.
By Alexa Woronowicz
4 minute read
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