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  • In Re Jackson Charitable Trust

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1710

    Orphans court correctly required that trust distribute five percent of its assets in 2016, in action brought by corporate trustee asserting a deadlock between it and the individual trustees, but erred in adopting the corporate trustees list of donees. Affirmed in part, reversed in part and remanded.

  • Reeves v. The Travelers Co.

    Publication Date: 2017-11-21
    Practice Area: Insurance Law
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1714

    Defendant insurer was entitled to summary judgment on plaintiffs underinsured motorist claim because the regular use exception in the policy applied where plaintiff was injured in accident while heading to a work site in employers truck as he regularly did and there was no basis for plaintiffs bad faith claim. Motion granted.

  • Butler Area School Dist. v. Pennsylvanians for Union Reform

    Publication Date: 2017-11-21
    Practice Area: Discovery | Public Records | Tax
    Industry: Education
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1698

    The trial court erred in denying requester access to the Butler Area School Districts property tax assessment list since the property list sought by requester did not qualify as sufficiently personal in nature to trigger a balancing test against the public interest in disclosure. The court reversed the trial court orders and directed disclosure.

  • Commonwealth v. Shires

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Anderson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1525

    Defendant was notified by his probation officer of both the general and special conditions of his probation. The court held his probation was properly revoked.

  • Commonwealth v. Andrews

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1700

    Defendant, a sex offender, had until midnight on the third business day after he changed his address to register with state police to comply with the requirements of Pennsylvanias Sex Offender Registration and Notification Act, at 42 Pa.C.S. §9799.15(g). The appellate court reversed defendants conviction and vacated his sentence.

  • Gravel Hill Enter., Inc v. Lower Mount Bethel Twp. Zoning Hearing Bd.

    Publication Date: 2017-11-21
    Practice Area: Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1708

    Adjoining property owners intervening in a land use settlement approval did not waive their right to appeal where such waiver was not explicitly included in the agreed-upon stipulation.. Order of the trial court affirmed in part and reversed in part.

  • Commonwealth v. Mullen

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1638

    Law enforcement had a reasonable belief that defendant was at a residence based on an anonymous tip, a photograph, and a view of defendant through a window of the residence. The court denied defendants motion to suppress.

  • Yerke v. Aetna

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1713

    Court dismissed plaintiffs claims against insurer for failure to pay benefits under his employers long-term disability benefits plan because after the case was transferred to federal court based on ERISA preemption, plaintiff failed to file an amended complaint asserting ERISA claims, failed to respond to insurers motion to dismiss for lack of prosecution and failed to provide the court with a status update. Case dismissed.

  • In Re Estate of Wierzbicki

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1711

    Orphans court correctly denied appellants claim that decedents transfer of death designation for a bank account was invalid but went too far in finding that the account was a non-probate asset because the court never addressed appellants alternative undue influence claim. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Butler

    Publication Date: 2017-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1701

    In this case of first impression, the court ruled that §9799.24(e)(3) of the Sexual Offender Registration and Notification Act violated the federal and state constitutions because it increased the criminal penalty to which a defendant is exposed without the chosen fact-finder making the necessary factual findings beyond a reasonable doubt. The court vacated an order finding defendant to be a sexually violent predator and remanded for notice under 42 Pa.C.S. §9799.23.