• Brooks v. Kelly

    Publication Date: 2024-07-12
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 928 C.D. 2022

    Appellant prisoner appealed the trial court's order dismissing as frivolous his complaint asserting constitutional and pandemic safety protocol violations by Department of Corrections personnel. The court vacated and remanded for further proceedings where plaintiff plausibly alleged that prison officials violated the Eighth Amendment by placing him at risk of contracting COVID-19 when they failed to adhere to the Department's COVID-19 safety protocols and retaliated against him for filing associated grievances.

  • Woodward v. Bashore

    Publication Date: 2024-07-12
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-5126

    The court granted in part and denied in part the motion to dismiss filed by municipal defendants on plaintiff's 42 U.S.C. §1983 charges of state-created danger liability and municipal liability. The state-created danger liability claim survived.

  • St. Elmo Dev., LLC v. Zoning Hearing Bd. of City of Allentown

    Publication Date: 2024-07-12
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 48 C.D. 2023

    Trial court erred in not requiring city to present its evidence first in hearing over an alleged zoning violation because §616.1(d) of the Municipalities Planning Code was mandatory and could not be waived. Reversed.

  • 770 Ameribeer, Inc. v. Pennsylvania Liquor Control Bd.

    Publication Date: 2024-07-12
    Practice Area: Administrative Law
    Industry: Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 509 C.D. 2022

    Licensee appealed the trial court's order upholding the Pennsylvania Liquor Control Board's denial of licensee's application to renew its restaurant liquor license. The court affirmed, concluding in pertinent part that sufficient evidence supported the determination that licensee did not operate a bona fide restaurant where licensee had a demonstrated history of failing to operate a restaurant and undertook remedial measures only when its restaurant liquor license was at risk of revocation.

  • Armstrong Twp. v. Lycoming County Bd. of Assessment Appeals

    Publication Date: 2024-07-12
    Practice Area: Real Estate
    Industry: Legal Services | Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Dumas
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 140 C.D. 2022

    Property owner appealed the trial court's order granting township's motion to enforce a settlement agreement. The court reversed, holding the trial court abused its discretion in finding the existence of a valid and enforceable settlement agreement where the parties' negotiations remained ongoing and owner's prompt repudiation of a suggested settlement deprived his attorney of express authority to settle on his behalf.

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Thomas v. Se. Pennsylvania Transit Auth.

    Publication Date: 2024-07-05
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1431

    Defendant transit authority appealed the court's denial of its post-trial motion for judgment notwithstanding the verdict or new trial in plaintiff bus passenger's personal injury case. The court concluded that its denial of post-trial relief should be affirmed. The court reasoned that defendant was not entitled to assert the jolt and jerk doctrine where plaintiff's theory of negligence focused on an obstruction in the aisle of the bus that she was riding, and not on the fact that the bus driver slammed on the vehicle's brakes.

  • Cogan Prop., LLC v. E. Union Twp. Zoning Hearing Bd.

    Publication Date: 2024-07-05
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 619 C.D. 2023

    Applicant appealed from the trial court's order that affirmed the decision of a township zoning hearing board denying a special exception for a private recreational facility on applicant's property. The court affirmed, holding that there was no error in the denial of applicant's special exception use application where applicant failed to demonstrate that use of its property as a gun range was compatible, in nature and intensity, with the adjoining residential developments and the character of the zoning district and neighborhood where

  • Krasner v. Henry

    Publication Date: 2024-07-05
    Practice Area: Government
    Industry: Legal Services | State and Local Government | Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 8 M.D. 2024

    Court rejected petitioners' constitutional challenge to law appointing special prosecutor to handle crimes occurring on Southeastern Pennsylvania Transportation Authority property, where the law did not improperly usurp petitioners' prosecutorial functions, did not violate defendants' equal protection or due process rights, and did not constitute a special or local law as it was directed to an instrumentality of the commonwealth. Petitioner's application for summary relief denied, respondent's cross-application granted. Intervenor's m

  • McKenna v. Dep't of Transp.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 581 C.D. 2021

    Property owners were not entitled to board of viewers where replacement of highway interchange constituted a "reconstruction" permitted under the existing permanent easement and there was no evidence of impairment of use or value of the property. Order of the trial court affirmed.

  • VFG Labar, LLC v. Simpson House, Inc.

    Publication Date: 2024-07-05
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2436

    The court granted plaintiff's motion to transfer venue of this partition action to the Middle District of Pennsylvania and granted plaintiff's motion to dismiss counts alleging tortious interference with business relations and fraudulent misrepresentation but denied plaintiff's motion to dismiss the unjust enrichment count.