• Rosado v. Avrach & Co., P.C.

    Publication Date: 2023-01-16
    Practice Area: Contractual Disputes
    Industry: Accounting | Hospitality and Lodging
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 2650

    The court denied a motion to hold a defendant in contempt of court for failure to produce documents that were court-ordered for production pursuant to a stipulated settlement agreement. The court reviewed the evidence and found that defendant had established that the requested documents did not exist and therefore, defendant did not act intentionally or willfully in failing to produce the documents.

  • MacMiles, LLC v. Erie Ins. Exch.

    Publication Date: 2022-12-19
    Practice Area: Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1100 WDA 2021

    Trial court erred in finding plaintiff established a valid claim for COVID-19 related income loss under the business income provisions of the policy because trial court's reading of "direct physical loss of or damage to Covered Property" to cover purely economic losses was strained and unconvincing and trial court erred in finding a triable issue of fact under the civil authority provision of the policy. Reversed.

  • Melaragno v. Erie County Human Relations Comm'n

    Publication Date: 2022-10-10
    Practice Area: Civil Rights
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wallace
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 624 C.D. 2021

    Common pleas court erred in upholding county human relations commission's decision that appellant engaged in discriminatory housing practices and court found complainant's amended complaint was filed past the statute of limitations and commission decision was not supported by substantial evidence because appellant had already taken a deposit on the apartment from another renter and she was not required to inform complainant about apartments outside geographic area he had requested. Vacated.

  • RCKA Inv. LLC v. Johnson

    Publication Date: 2022-09-12
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1025

    Trial court erred in deciding appellant violated the case management order by failing to deposit money in an escrow account in an appeal of a landlord-tenant issue because the order and local court rules only set forth the procedure a tenant had to follow to obtain supersedeas to prevent eviction during the pendency of the appeal and provided no directive regarding escrow payments for tenants who did not wish to protect against eviction. Order vacated.

  • Pizzella v. Empire Diner

    Publication Date: 2022-09-12
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1020

    Department of Labor brought a Fair Labor Standards Act action and court found restaurant manager was an "employer" under the act, defendants' violations of wage and hour laws was willful, defendants interfered with the investigation and were liable for liquidated damages. Judgment for plaintiff.

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  • Wexford Sci. & Tech., LLC v. City of Pittsburgh Zoning Bd. of Adjustment

    Publication Date: 2022-08-15
    Practice Area: Land Use and Planning
    Industry: Hospitality and Lodging | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22- 0923

    Trial court properly held hotel's height established the contextual height of developer's proposed building under §925.07D of the zoning code and trial court had subject matter jurisdiction over developer's assertion that it was entitled to a sustainability height bonus. Affirmed.

  • Correa v. Bridge St. Apartments

    Publication Date: 2022-08-15
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0842

    Court granted defendant's request to dismiss plaintiff's personal injury complaint for failure to serve the complaint within the applicable statute of limitations. The court held that although plaintiff was granted a praecipe for writ of summons, plaintiff did not act quickly enough to serve the summons and the plaintiff's service of the complaint, eleven months after the statute of limitations had run, demonstrated a lack of good faith. Therefore, the court dismissed the complaint in its entirety.

  • Hamm v. Perano

    Publication Date: 2022-08-15
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0809

    Court denied defendants' motion in limine seeking to exclude the expert testimony of plaintiff's medical doctor who was expected to testify as to the possibility that plaintiff would need medical care in the future. Although defendants argued that the "possibility" of medical care in the future was not admissible evidence, the court agreed with plaintiff that under Rule 223 of the Pennsylvania Rules of Civil Procedure, the testimony was relevant to her claim for future noneconomic pain and suffering damages.

  • 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.

  • 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