• Robins v. Robins

    Publication Date: 2024-07-26
    Practice Area: Deals and Transactions
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-03375

    Defendant appealed the court's decision in favor of plaintiff on plaintiff's claims of unjust enrichment and conversion. The court concluded that defendant's appeal should be denied and dismissed, and the court's decision affirmed, where evidence and the court's credibility determinations supported the conclusion that defendant converted plaintiff's inherited funds to his own use.

  • Mammoet USA N., Inc. v. N. Am. Forgemasters Co.

    Publication Date: 2024-07-26
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 50937 OF 2022, C.A.

    Defendant's motion for partial judgment on the pleadings denied where court determined outstanding factual issues required clarification through discovery.

  • Booker v. Carbonelli

    Publication Date: 2024-07-26
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10084 OF 2023, C.A.

    The court acknowledged that it had entered an opinion and order granting a default judgment on July 3, 2023, in error because it was unaware at the time that the appellee timely had filed a response to appellant's counterclaim. On Aug. 18, 2023, appellee filed a motion to vacate default judgment which the trial court granted because appellee had complied with the Pennsylvania Rules of Civil Procedure and filed proposed preliminary objections to appellant's counterclaim. Appellant nevertheless appealed the court's Sept. 25, 2023 order

  • Molgat v. Solebury Twp. Zoning Hearing Bd.

    Publication Date: 2024-07-19
    Practice Area: Land Use and Planning
    Industry: E-Commerce | Hospitality and Lodging | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge McMaster
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-03220

    Appellant property owner appealed the court's order affirming appellee township zoning hearing board's denial of his application for a variance to allow short-term rentals of his property. The court held that its decision should be affirmed where appellant (1) failed to demonstrate the existence of an unnecessary hardship that would entitle him to a dimensional variance; (2) appellee zoning hearing board's superior authority and discretion in denying the variance trumped the conditional use decision of the township board of supervisor

  • Franko v. United Servs Auto. Ass'n

    Publication Date: 2024-07-19
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023 CV 1996

    Defendant auto insurer filed preliminary objections contesting subject matter jurisdiction and other matters in plaintiff insured's action for breach of contract and bad faith. The court overruled defendant's preliminary objections except as to venue, on which it ordered discovery and further briefing.

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  • Hernandez v. Harry's U-Pull-It, Inc.

    Publication Date: 2024-07-19
    Practice Area: Personal Injury
    Industry: Construction
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Cohen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-1853

    Plaintiff appealed the court's order granting summary judgment to defendant salvage yard owner on plaintiff's personal injury claims. The court concluded that its order should be affirmed where plaintiff offered no causation expert testimony to support his allegation that he was shocked by electricity emanating from defendant's electric fence. The court concluded further that the doctrine of res ipsa loquitur did not apply because plaintiff failed to eliminate other potential causes of his injury apart from defendant's electric fence.

  • Walmsley v. Pennsylvania Dep't of Transp.

    Publication Date: 2024-07-19
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2024-00294

    The court sustained plaintiff's appeal after an evidentiary hearing and filed this §1925(a) opinion after PennDOT appealed to the Commonwealth Court.

  • In re: Estate of Renninger

    Publication Date: 2024-07-19
    Practice Area: Trusts and Estates
    Industry: E-Commerce
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 236 OC 2021

    Appellant appealed the court's order declaring that a will was a forgery and striking it from the record. The court offered an opinion in support of its order, declaring that clear, direct, precise, and convincing evidence demonstrated that a purported 2005 will was a forgery where it was created using an electronic form that first became available in 2016.

  • Hensley v. Jed Ex Transp., Inc.

    Publication Date: 2024-07-19
    Practice Area: Wrongful Death
    Industry: Food and Beverage | Transportation
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023 CV 1426

    The court denied defendants' motion to strike the discontinuance of the Lackawanna County Common Pleas court proceedings that were not pending at the time that the motion was filed.

  • Caranci v. Monsanto Co.

    Publication Date: 2024-07-19
    Practice Area: Products Liability
    Industry: Chemicals and Materials | Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 993 EDA 2024

    In its § 1925(a) opinion, the court urged the Superior Court to affirm its orders denying in part Monsanto's motion to exclude the testimony of Timur Durrani, M.D. under Frye v. United States, 293 F. 1013 (D.C. Cir. 1923) and Grady v. Frito-Lay, Inc., 839 A.2d 1038 (Pa. 2003), and its order denying Monsanto's motion for summary judgment on failure to warn claims due to federal preemption.