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  • Hellenic Capital LLC v. Tran

    Publication Date: 2022-09-05
    Practice Area: Commercial Law
    Industry: Food and Beverage | Real Estate
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1001

    Trial judge properly held that the notes on which plaintiff confessed judgment were negotiable instruments, plaintiff was a holder in due course and defendant's defense of seller's breach of purchase agreements was not a meritorious defense to plaintiff's claims. Affirmed.

  • Jo Jo Pizza v. Larry Pitt & Assocs., P.C.

    Publication Date: 2022-08-22
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Insurance | Legal Services
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0936

    WCJ retained jurisdiction over employer's subrogation right in workers' compensation claim resolved through compromise and release and therefore could issue subpoenas for information related to enforcement of the employer's lien. Order of the trial court affirmed.

  • Soft Pretzel Franchise Sys., Inc. v. Twin City Fire Ins. Co.

    Publication Date: 2022-08-22
    Practice Area: Insurance Law
    Industry: Food and Beverage | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0948

    Insurer moved for judgment on the pleadings in plaintiff's declaratory judgment action seeking defense or indemnification and court found franchisee's business owner's insurance policy only covered plaintiff franchisor in its role as grantor of the franchise and underlying plaintiff's personal injury claims in the underlying action did not predicate liability against plaintiff as a franchisor and the certificate of insurance issued by broker provided no coverage beyond the terms of the policy. Motion granted.

  • Orona v. Gubitosi

    Publication Date: 2022-08-22
    Practice Area: Business Torts
    Industry: Entertainment and Leisure | Food and Beverage
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0869

    Court denied objection to a motion seeking to join an additional defendant where the additional defendant argued joinder was not timely filed. Although the request for joinder was late, the court exercised discretion to allow joinder on the grounds that it was reasonable since late joinder only occurred while the parties made a good-faith effort to settle the matter. Court denied in part and granted in part additional defendant's demurrers to the complaint, finding that defendant did not owe a fiduciary duty by law to plaintiff since

  • Murray v. Frick

    Publication Date: 2022-08-22
    Practice Area: Personal Injury
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0871

    Given precedent defining §4-497 of the Pennsylvania's Dram Shop Act as a limiting provision that protects a licensee from liability to third parties unless the patron was visibly intoxicated, the court held that the provision operated to preempt plaintiff's common law negligence claims against the defendant liquor licensee. The court sustained defendants' preliminary objections in part.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Massaro v. McDonald's Corp.

    Publication Date: 2022-08-15
    Practice Area: Premises Liability
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0915

    Trial court erred in sustaining defendant's preliminary objections to plaintiff's action asserting negligence/gross negligence and premises liability for defendant's employees' refusal to intervene or call police when man in restaurant subjected plaintiff to a racist, threatening tirade and misconstrued the nature of plaintiff's legal claims and court found there was no doubt that premises owner running a restaurant open to the public owed a duty of care to business invitees. Vacated.

  • Coryell v. Morris

    Publication Date: 2022-08-01
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0787

    Court denied defendant's request for appeal arising out of a trial court verdict finding defendant LLC vicariously liable for damages caused by a franchisee employee. While defendant argued that a master-servant relationship did not exist, the court reviewed evidence citing to defendant's right to a significant amount of control and oversight over the employee, thus making them vicariously liable for plaintiff's injuries.

  • QSP Dev., LLC v. Schuylkill County Zoning Hearing Bd.

    Publication Date: 2022-08-01
    Practice Area: Land Use and Planning
    Industry: Food and Beverage | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0865

    Board erred in granting restaurant owner's requested variances because the proposed construction was permitted on a nonconforming lot and merely continued a single permitted by right principal use. Remanded.

  • Reynolds v. Turning Point Holding Co., LLC

    Publication Date: 2022-07-25
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0833

    Plaintiff sought preliminary approval of the settlement of Fair Labor Standards Act and state law wage actions and court denied approval because the terms of the agreement were coercive since the FLSA did not allow the parties to use rule 23 to compel class members to opt into the FLSA collective because that structure would make the choice the FLSA guaranteed illusory and the structure of the settlement tried to compel class members to give up their FLSA claim in exchange for participating in the settlement of a state law claim. Moti

  • White v. Johnson Matthey Holdings, Inc.

    Publication Date: 2022-07-18
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0807

    Board properly upheld WCJ's decision in claimant's claim and review petitions because claimant's assertion that employer's medical expert's testimony was incompetent failed and her other claims were waived and without merit. Affirmed.