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Publication Date: 2022-11-28
Practice Area: Contracts
Industry: Manufacturing | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shirdan-Harris
Attorneys: For plaintiff:
for defendant:
Case Number: 1358 EDA 2022
Plaintiff could not recover costs he incurred for the installation of two replacement compressors as such costs qualified as consequential damages under Pennsylvania law, which the product's manufacturer and seller expressly excluded in warranties. The court recommended affirmance of its order granting defendants summary judgment.
Publication Date: 2022-11-28
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Street
Attorneys: For plaintiff:
for defendant:
Case Number: 00062
The court granted defendant's request for an appeal of a default judgment after pro se plaintiff failed to accurately name defendant in the caption, body, and service of the complaint.
Publication Date: 2022-11-21
Practice Area: Civil Procedure
Industry: Manufacturing | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 1222
The court affirmed the decision of the trial court finding that venue was proper because one appellant had sufficient quantity and quality of acts to qualify Philadelphia County as a proper venue. The court additionally held that venue was proper for the remaining appellant under Pa. R.C.P. 1006(c)(1).
Publication Date: 2022-11-21
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cunningham
Attorneys: For plaintiff:
for defendant:
Case Number: 210201867
Plaintiff could not maintain a claim of intentional infliction of emotional distress against defendant where she did not file her claim within two years of becoming aware of an audio recording that gave rise to her claim as well as the allegedly negative effect the tape was having on her family. The court recommended affirmance.
Publication Date: 2022-11-21
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 00794
The court affirmed the trial court's order granting a motion to dismiss and denying a motion for leave to file an amended complaint. The court focused on the fact that although appellant knew they had named the wrong party in the complaint's caption, they did not seek to cure this defect until after the applicable statute of limitations had passed. Accordingly, the court noted that the trial court did not err or abuse their discretion.
Law Journal Press | Digital Book
Authors: James S. Bolan, Sara N. Holden
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Publication Date: 2022-11-21
Practice Area: Civil Appeals
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 806 CD 2022
The court of common pleas dismissed appellant's appeal in this Right to Know Law dispute as she failed to properly prosecute the appeal in accordance with the court's prior orders despite being granted multiple extension in all of her six prior motions for extraordinary relief. The court recommended affirmance.
Publication Date: 2022-10-24
Practice Area: Damages
Industry: Construction
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hill
Attorneys: For plaintiff:
for defendant:
Case Number: 2436 EDA 2021
Court found against defendants, who raised a statement of matters complained of on appeal challenging the trial court's orders and jury's verdict arising out of a trial for damages stemming from a home repair contract between the parties. Although defendant argued that the court erred in various aspects regarding expert witnesses, the court held that these were harmless errors which did not prevent defendant from presenting their case to the jury.
Publication Date: 2022-10-24
Practice Area: Wrongful Death
Industry: Manufacturing
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 190301223
Court denied appellant's appeal objecting to the court's order granting summary judgment on appellant's claims in a wrongful death action arising out of asbestos exposure. Although appellant claimed that the decedent was exposed to asbestos while working for appellee, no evidence was produced. Therefore, the court found that appellant's claims were speculative at best and failed to create a genuine issue of material fact.
Publication Date: 2022-10-03
Practice Area: Civil Appeals
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 1115 EDA 2022
Plaintiff's challenges to an order denying her post-trial motions for relief were improper as those orders involved matters decided during pre-trial stages of the litigation, and the law of the case doctrine barred the appellate court from reopening questions decided during earlier stages of the litigation process. The court recommended affirmance.
Publication Date: 2022-09-26
Practice Area: Civil Appeals
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 1293 CD 2019
Court affirmed a trial court's award of statutory fines which cumulated due to several years' of daily non-compliance fines. Although appellant argued the fines were excessive and unwarranted, the court found that they were properly awarded under both the Pennsylvania and United States Constitutions.
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