Thelegalintelligencer

September 22, 2017 | The Legal Intelligencer

Plaintiff's complaint seeking to recover legal fees from a contingency fee agreement to represent defendants in a dispute with their property insurer was dismissed with prejudice because a prior court had determined that plaintiff was not entitled to the legal fees since he was terminated for unlawful activity--the unauthorized practice of law and the failure to disclose his suspension to clients--and the current action asserting breach of contract, detrimental reliance, unjust enrichment and other claims against defendants and others was barred by the final judgment that foreclosed his equitable or legal rights to a contingency fee. Dismissed.

By thelegalintelligencer | The Legal Intelligencer |

3 minute read

September 22, 2017 | The Legal Intelligencer

Trial court erred in approving conditional use application for farm-to-table workshop program as an educational use, where the record supported the township's finding that education was an accessory use and the primary use was like that of a restaurant. Order of the trial court reversed.

By thelegalintelligencer | The Legal Intelligencer |

3 minute read

September 22, 2017 | The Legal Intelligencer

Board properly suspended claimant's benefits because employer established that claimant's loss of earnings was related to his voluntary quitting after he received a reprimand rather than to any factor related to his work injury. Affirmed.

By thelegalintelligencer | The Legal Intelligencer |

2 minute read

September 22, 2017 | The Legal Intelligencer

Trial court properly dismissed appellant prisoner's constitutional claims over the destruction of photographs that had been confiscated by prison mail room because they came from an unapproved vendor because his fundamental due process rights of notice and an opportunity to be heard were fully protected and to the extent he claimed the photographs were intentionally destroyed, those claims were properly dismissed and he never alleged negligence in the destruction of the photographs. Affirmed.

By thelegalintelligencer | The Legal Intelligencer |

4 minute read

September 22, 2017 | The Legal Intelligencer

A neutral arbitrator was capable of being impartial and disinterested, so plaintiff's petition to remove the arbitrator was properly denied.

By thelegalintelligencer | The Legal Intelligencer |

6 minute read

September 22, 2017 | The Legal Intelligencer

The court granted plaintiffs' request to amend their pleading in this class-action suit challenging the city of Scranton's rental registration fees since the amendment raised the same legal issue prompted by the original complaint and defendant failed to identify any prejudice it would suffer if the request was granted. The court granted plaintiffs' motion to amend.

By thelegalintelligencer | The Legal Intelligencer |

5 minute read

September 22, 2017 | The Legal Intelligencer

In this asbestos litigation, plaintiffs' wrongful death claim was time-barred because they failed to amend the complaint to include such a claim within two years of the date on which one of the plaintiffs was diagnosed with mesothelioma.

By thelegalintelligencer | The Legal Intelligencer |

3 minute read

September 22, 2017 | The Legal Intelligencer

Venue in this medical malpractice proceeding was proper in the county where some of the alleged negligent treatment occurred. Plaintiffs' complaint alleged sufficient details to support claims for corporate negligence and vicarious liability, but they did not allege sufficiently culpable conduct to support punitive damages claims as to all the defendants.

By thelegalintelligencer | The Legal Intelligencer |

3 minute read

September 22, 2017 | The Legal Intelligencer

The trial court did not abuse its discretion in admitting defendant's extrajudicial statements to police and a nurse caring for an abused elder where the Commonwealth had already proffered sufficient evidence of the corpus delicti, or body of the crimes charged, to entitle the case to go to the trier of fact. The appellate court affirmed defendant's judgment of sentence.

By thelegalintelligencer | The Legal Intelligencer |

3 minute read

September 22, 2017 | The Legal Intelligencer

The trial court erred in granting defendant's petition for writ of habeas corpus based on a potential evidentiary challenge to a hearsay statement offered at defendant's preliminary hearing since the court was bound to consider such evidence in determining whether the Commonwealth established a prima facie case. The court reversed and remanded for further proceedings.

By thelegalintelligencer | The Legal Intelligencer |

6 minute read