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  • Myers v. Certified Guar. Co., LLC

    Publication Date: 2019-11-04
    Practice Area: Business Torts
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1300

    Trial court erred in dismissing appellants' defamation, false light, tortious interference with a contract and civil conspiracy claims over statements made about their work restoring comic books because there was a genuine issue of material fact as to whether the posts on an online message board and verbal statements to third parties were based on true facts and Pennsylvania did not recognize "assumption of the risk" as a defense to a false light claim. Reversed in part, affirmed in part.

  • Joella v. Cole

    Publication Date: 2019-11-04
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1298

    Landlord and its insurer could not maintain subrogation action against tenant for damage allegedly caused by tenant's negligence where terms of lease indicated parties had reasonable expectation that tenant would be implied co-insured under landlord's insurance policy. Order of the trial court affirmed.

  • McConnell v. B. Braun Med. Inc.

    Publication Date: 2019-10-28
    Practice Area: Products Liability
    Industry: Health Care | Manufacturing
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1269

    Trial court improperly dismissed on forum non conveniens grounds where trial court improperly weighed private and public interest factors by considering difficulties of plaintiff's chosen forum to plaintiff. Order of the trial court vacated, case remanded.

  • Commonwealth v. Jordan

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0701

    Trial court violated right to public trial after excluding defendant's family members without justification when they were not part of public disturbance that caused trial court to close courtroom to the public. Judgment of sentence vacated, case remanded for new trial.

  • Ratner v. Iron Stone Real Estate Fund I, L.P.

    Publication Date: 2019-06-17
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0687

    Trial court correctly dismissed limited partners' claims for breach of fiduciary duty, breach of implied duty of good faith and conversion as derivative but erred in dismissing their breach of contract, dissolution of partnership and accounting claims because the vote to retroactively extend the duration of the partnership was ineffective. Affirmed in part, reversed in part and remanded.

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  • Fox v. Smith

    Publication Date: 2019-06-10
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0661

    Defamation plaintiff could file suit in any county where a third-party who personally knew the plaintiff read an allegedly defamatory internet posting and understood such posting to be detrimental to the plaintiff's reputation. Order of the trial court affirmed.

  • Commonwealth v. Taylor

    Publication Date: 2019-05-27
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0621

    Trial court erred in precluding expert from testifying that there was no scientific validation that field sobriety tests could indicate drug impairment, based on the expert's lack of practical experience with administering field sobriety tests. Judgment of sentence vacated, case remanded.

  • Commonwealth v. Eldred

    Publication Date: 2019-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0453

    Defendant did not have the right to cross-examine victim about her impact statement during sentence modification motion hearing, particularly where defendant was afforded opportunity to present other evidence to undermine the credibility of victim's assertions in her impact statement. Judgment of sentence affirmed.

  • Carletti v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-07-31
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0868

    Defendant was entitled to a new trial in this personal injury action where the trial court erred in failing to give the jury proper limiting instructions regarding an expert's use of hearsay evidence from a non-testifying witness's deposition in forming his opinion. The appellate court reversed and remanded for a new trial.

  • City of Pittsburgh v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-06-19
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0717

    A firefighter who suffered from cancer was entitled to receive retroactive workers' compensation benefits where she acted promptly in ascertaining whether her condition was related to her job.