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Publication Date: 2024-07-19
Practice Area: Contracts
Industry: Cargo and Shipping
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Fischer
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1809
Court granted motion to compel arbitration where plaintiff failed to challenge delegation clause or allege fraud in the procurement of the parties' contract, or show that it qualified for the transportation worker exception. Defendant's motion to compel arbitration granted.
Publication Date: 2024-07-19
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 942 EDA 2023
Incapacitated mother's daughter appealed the county orphans' court's decree finding mother incapacitated and appointing daughter's siblings as guardians of mother's person. The court affirmed, concluding the orphans' court acted within its discretion in light of evidence of mother's preference and the personal care provided to mother by daughter's siblings.
Publication Date: 2024-07-19
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2023 CV 1996
Defendant auto insurer filed preliminary objections contesting subject matter jurisdiction and other matters in plaintiff insured's action for breach of contract and bad faith. The court overruled defendant's preliminary objections except as to venue, on which it ordered discovery and further briefing.
Publication Date: 2024-07-19
Practice Area: Insurance Law
Industry: Hospitality and Lodging | Insurance | Real Estate
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1340 MDA 2022
Tenants qualified as co-insureds immune from subrogation claim where they had a reasonable expectation that landlord would obtain fire insurance for the leased premises and would look to that insurance for compensation for fire loss as lease made landlord responsible for insuring his interests. Judgment of the trial court affirmed.
Publication Date: 2024-07-19
Practice Area: Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Nichols
Attorneys: For plaintiff:
for defendant:
Case Number: 2103 EDA 2021
Appellant family trust appealed the trial court's judgment in favor of appellee in appellee's quiet title action. The court reversed, struck the trial court's judgment, and remanded for further proceedings. The court held that appellant was not required to take immediate interlocutory appeal from the trial court's denial of its petition to strike or open a default judgment, rendering its notice of appeal timely filed after the trial court's entry of a final judgment in favor of appellee. The court held further that appellee's quiet ti
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Publication Date: 2024-07-19
Practice Area: Land Use and Planning
Industry: Construction | Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 21 C.D. 2023
Court affirmed trial court's decision striking down condition of issuance of building permits and granting mandamus relief where statutory regulations did not require issuance of highway occupancy permit as condition for building permits and applicant's right to the permits was facially clear. Judgment of the trial court affirmed.
Publication Date: 2024-07-19
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Smith
Attorneys: For plaintiff:
for defendant:
Case Number: 23-1836
The court reversed the order of the district court dismissing a count of appellee's indictment for an implied "ruse exception" to the Speedy Trial Act, finding that the STA contains no implied ruse exception at least for a prosecution first initiated in state court.
Publication Date: 2024-07-19
Practice Area: Insurance Law
Industry: Insurance | Technology Media and Telecom
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 690 WDA 2020
New precedent upholding the validity of "regular use" exclusion in underinsured motorist policies supported trial court's judgment for insurer following accident where insured was injured while operating a regularly-used, employer-owned work vehicle. Judgment of the trial court affirmed.
Publication Date: 2024-07-19
Practice Area: Dispute Resolution
Industry: E-Commerce
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3272
Defendants moved to compel arbitration and stay litigation pursuant to a contractual arbitration clause. The court granted the motion, holding that plaintiffs' claims alleging unlawful disclosure of confidential tax return information were subject to contractual arbitration under the binding and enforceable arbitration provision contained in defendants' online services agreement.
Publication Date: 2024-07-19
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 23-454
The court denied defendants' motion to suppress evidence including cell phone tower records obtained in the vicinity of their heist of a shipment of over $230,000 worth of newly minted dimes.
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