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Publication Date: 2023-04-03
Practice Area: Civil Appeals
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 00480
Plaintiff was not entitled to set aside a settlement agreement for partition of real property absent any timely objection or evidentiary support for her contention that defendant's appraisal of the property was suspect. In addition, plaintiff failed to timely appeal the trial court's order denying her motion to set aside the settlement agreement. The trial court recommended that plaintiff's appeal be quashed or, in the alternative, that the Superior Court affirm the court's decision.
Publication Date: 2023-04-03
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 0206
Defendants' attempts to relitigate matters previously decided by other judges were inapposite where the sole issue in an ejectment action was a tax lien purchaser's right to eject defendants from residential property. The trial court awarded possession to the plaintiff and recommended that its decision be affirmed on appeal.
Publication Date: 2023-03-27
Practice Area: Damages
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Street
Attorneys: For plaintiff:
for defendant:
Case Number: 00124
The court denied plaintiff's motion for reconsideration following a jury verdict in her favor. Although plaintiff argued that the award was not supported by her demonstration of chronic pain, medical bills, and loss of income, the court disagreed and noted that plaintiff had every opportunity to prove up her damages claims during trial but failed to adequately present her case.
Publication Date: 2023-03-27
Practice Area: Litigation
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 03560
The court found that they committed no error when it vacated an order dismissing plaintiff's claims on the grounds that a previous litigation existed between the parties that was not accurately dismissed due to the court's failure to address defendants' counterclaim in their order.
Publication Date: 2023-03-20
Practice Area: Commercial Law
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 302
A lender's notice of repossession, redemption rights and sale to a borrower who defaulted on her car loan was not misleading in violation of the Uniform Commercial Code where it did not specify the repossessed vehicle's daily storage charge or repossession fees, and where it referenced liability for "any costs incurred for vehicle repairs" even though the borrower's vehicle did not require repair. The trial court granted defendant's motion for summary judgment, granted plaintiff's motion for summary judgment on defendant's counterclai
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Publication Date: 2023-03-20
Practice Area: Business Torts
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 2543
Commercial development lenders did not commit tortious interference with contract where, with the borrowers' permission, they contacted borrowers' shopping center tenant to discuss an ongoing lease dispute but then honored the tenant's rejection of further contact, all of which occurred after the tenant had filed suit against the borrowers for breach of the lease. The trial court granted defendants' motion for summary judgment.
Publication Date: 2023-03-20
Practice Area: Contractual Disputes
Industry: Financial Services and Banking | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 1528
The trial court granted summary judgment in favor of plaintiff in an action alleging breach of a commercial equipment lease. The court deemed the record clear that defendant had entered into and breached the agreement. The court rejected plaintiff's request for contractual attorneys' fees at a contingent fee agreement rate of 33 percent and instead awarded attorney's fees based upon the billing rate and actual hours worked by plaintiff's counsel.
Publication Date: 2023-03-13
Practice Area: Civil Appeals
Industry: Non-Profit
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 03016
Injunction prohibiting appellant from appearing within five hundred feet of property owned or occupied by appellee church reflected narrowest means possible to protect church property and congregants' access while minimally infringing appellant's constitutional right to convey dissatisfaction with appellee and its leadership. The court recommended that the Superior Court affirm its injunction with the five hundred-foot distance restriction.
Publication Date: 2023-03-13
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Foglietta
Attorneys: For plaintiff:
for defendant:
Case Number: 03845
Failure to redact videotaped deposition testimony of a personal injury plaintiff's medical expert, who stated that jurors "can see" plaintiff's injury in medical imaging, did not warrant a declaration of mistrial where other admissible testimony made similar points and the court issued a prompt curative instruction admonishing the jury to disregard the testimony. The court denied defendant's post-trial motions seeking a new trial and related relief.
Publication Date: 2023-03-13
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Coyle
Attorneys: For plaintiff:
for defendant:
Case Number: 01867
Court properly exercised its discretion to dismiss appeal from zoning board of adjustments' decision, where appellants failed to timely file their brief by their requested deadline or timely respond to appellee's motion to dismiss, and appellants' dilatory conduct appeared intended to delay appellee's time-sensitive construction. Appellants' motion to vacate dismissal denied.
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