• Rosato v. Bookstaber

    Publication Date: 2023-01-02
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-12580-PF

    The court held that the sheriff's office should bear the costs of running a clearance check and/or transporting a firearm that was to be retrieved by the defendant. Although the parties initially disagreed as to who should bear the costs, the court reviewed the plain language of 23 Pa.C.S.§6801, finding that the sheriff's office was required to reimburse the costs of transport and/or associated administrative fees.

  • In re: Estate of Ross

    Publication Date: 2022-12-26
    Practice Area: Trusts and Estates
    Industry: Legal Services
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Verwey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1520-0572

    While counsel originally represented that he would not charge for legal services related to the basic work necessary for administering a small estate, he testified credibly about the fair and reasonable rates he charged for work that became necessary when the estate administration became contentious due to objector's own conduct. The court overruled objector's objections.

  • Wolfington v. Bartkowski

    Publication Date: 2022-10-10
    Practice Area: Corporate Entities
    Industry: Advertising
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-05143-CT

    Court granted defendants' request for emergency injunctive relief in case arising out of a business dispute and violations of a non-compete clause within the operating agreement. Although respondents to the request attempted to distinguish the type of work the parties did, the court did not find the argument convincing finding that defendants would likely prevail in their counterclaims.

  • Beutler v. Gain

    Publication Date: 2022-10-03
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-03084-TT

    The court refused to dismiss the defendant township from this suit under Pa.R.Civ.P. 1036, i.e., dismissal upon affidavit of noninvolvement, because the rule did not apply in this personal injury case and the Township failed to cite any other Act of Assembly providing for dismissal from a motor vehicle accident case upon an affidavit of noninvolvement. The court denied a motion for reconsideration.

  • Andrien v. Gerber

    Publication Date: 2022-07-18
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0723

    Court found in favor of plaintiffs in adverse possession case, holding defendant failed to meet the elements of adverse possession by failing to provide clear and definitive proof of the disputed property lines.

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  • Kimble v. Laser Spine Inst. Philadelphia

    Publication Date: 2022-07-18
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Mahon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0726

    Court denied defendants' motion for reconsideration and a trial on damages in a wrongful death trial due to defense counsel's multiple failures to make timely objections on the record prior to the close of trial and prior to dismissing the jury. Although defendants raised multiple arguments regarding the weight of evidence presented at trial and the instructions delivered to the jury, the court noted that counsel failed to make these arguments and therefore failed to preserve the issues for appeal. Motions for reconsideration, denied.

  • Andrien v. Gerber

    Publication Date: 2022-07-11
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Mahon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0692

    Where plaintiffs offered credible testimony that their family had owned, controlled and maintained certain property since 1984 and explicitly opposed defendant's claim to that property several times during the prior 21 years, defendant failed to demonstrate that she owned the property through adverse possession. The court of common pleas recommended affirmance.

  • Windon Country Homes Condo. Ass'n Inc. v. The Netherlands Ins. Co.

    Publication Date: 2022-07-11
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Sommer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0694

    Court granted defendant company's motion to sever plaintiff's breach of contract claims from the remaining claims. Although defendant argued that severing the claims was beneficial for judicial economy purposes, the court noted they granted the motion to establish whether plaintiff company would prevail on the breach of contract claim first, thus possibly affecting the remainder of the claims.

  • Trautmann v. CBS Broadcasting Inc.

    Publication Date: 2022-05-02
    Practice Area: Evidence
    Industry: State and Local Government | Technology Media and Telecom
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0374

    The court held that Criminal History Records Information Act created both a confidentiality prohibition on disclosure of body cam footage and a privilege for protected materials which called for prohibiting the district attorney from disclosing the footage. Motion to quash granted.

  • Canyon Atl. Partners, LLC v. Tower Health

    Publication Date: 2022-04-25
    Practice Area: Contracts
    Industry: Health Care | Real Estate
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Griffith
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0373

    Plaintiff rightfully sought to enforce an asset acquisition agreement and compel specific performance upon defendants' unjustified termination of that agreement, and also established each of the prerequisites to qualify for a preliminary injunction, including that greater injury would result to the company from refusing an injunction than from granting it. The court granted plaintiff's petition for a preliminary injunction.