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  • Linderman v. Reading Truck Body, LLC

    Publication Date: 2017-10-24
    Practice Area: Labor Law
    Industry: Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1600

    Defendant moved to dismiss plaintiffs claims alleging that he suffered adverse employment actions in response to his alleged disability, request for accommodation and FMLA qualified leave and the court found that plaintiff failed to allege facts to show a causal connection between the exercise of his FMLA rights and his termination. Motion granted.

  • Nkansah v. Aiyegbusi

    Publication Date: 2017-10-24
    Practice Area: Business Torts | Contractual Disputes | Discovery
    Industry: Food and Beverage | Investments and Investment Advisory
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1601

    The court granted defendants motions for summary judgment on plaintiffs claims of conversion and fraud in plaintiffs actions based on an alleged investment agreement and the alleged misuse of the funds plaintiff provided.

  • Kelly-Myers v. Mercy Health Sys. of Southeastern Pa.

    Publication Date: 2017-10-24
    Practice Area: Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1597

    Worker was properly classified as salaried employee exempt from overtime requirements where she exercised discretion and independent judgment as to staffing, training and discipline, and implementation of the employers policies and procedures. Defendants motion for summary judgment granted.

  • K.M.G. v. H.M.W.

    Publication Date: 2017-10-24
    Practice Area: Evidence | Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1593

    Trial court erred in finding parent in contempt for failure to encourage childs visitation with other parent, where prior orders did not include requirement for parent to encourage the child, and where record demonstrated that parent followed directives of resource center in terminating visits. Order of the trial court reversed and vacated.

  • Krishnan v. The Cutler Group, Inc

    Publication Date: 2017-10-24
    Practice Area: Business Torts | Civil Appeals | Real Estate
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Presiding Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1599

    Trial court correctly found for appellees in their common law fraud, breach of contract, breach of warranties and UTPCPL claims against home builder for defective stucco because the evidence supported the breach of warranties claim, the UTPCPL claim was not time-barred and appellees did not need to prove all the elements of common law fraud to state a claim under the UTPCPL catchall provision but trial court abused its discretion in calculating appellees attorney fees by limiting the award based on the contingency agreement.

  • Keystone Cab Service, Inc. et al v. Pa. Public Utility Commn

    Publication Date: 2017-10-24
    Practice Area: Discovery | Public Utilities
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Ann Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1587

    The taxi companies who challenged petitioners application to purchase taxi operating rights were properly barred from introducing certain exhibits at an administrative hearing where they failed to produce those exhibits during discovery in accordance with 52 Pa. Code 5.321. The court affirmed a Public Utility Commission decision affirming the grant of petitioners application

  • In Re: J.D.H

    Publication Date: 2017-10-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1596

    Trial court did not abuse its discretion in changing permanency goal to adoption after only seven months of foster care. Order of the trial court affirmed.

  • In Re: Estate of Easterday, deceased

    Publication Date: 2017-10-24
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1594

    Insurance beneficiary designation was not statutorily invalidated due to the pendency of a divorce proceeding between the insured decedent and named beneficiary. Order of the orphans court affirmed.

  • Commonwealth v. Moyer

    Publication Date: 2017-10-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1591

    Defendant was not entitled to retroactive application of the holding in Birchfield v. North Dakota, wherein the U.S. Supreme Court held that the criminalization of a suspects refusal to consent to a blood test violates the Fourth Amendment to the U.S. Constitution, since she failed to challenge the warrantless blood draw at any stage of the litigation prior to a nunc pro tunc post-sentence motion. The appellate court affirmed defendants judgment of sentence.

  • Dunstan v. Bayer Essure, Inc

    Publication Date: 2017-10-24
    Practice Area: Products Liability
    Industry: Aerospace | Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1592

    Plaintiffs asserting breach of warranty claims in this suit were not required to allege the precise dates and locations where they encountered defendants warranties since the court required only sufficient facts to support a reasonable inference that the warranties were the bases of the parties bargain. The court denied in part defendants motion to dismiss.