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521 results for '* topic:"Civil Procedure"' You can use Search Constraints to get even better search results
Publication Date: 2019-12-23
Practice Area: Civil Procedure
Industry: Manufacturing | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1476
Where plaintiffs' discovery requests in their state court action sought information that had been at the heart of the dispute from day one, the requests did not provide a new basis for removal and, thus, defendant's notice of removal was untimely under 28 U.S.C. §1446(b)(3). The court granted plaintiffs' motion for remand.
Publication Date: 2019-12-23
Practice Area: Civil Procedure
Industry: Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1478
While various actions by an insurer can constitute bad faith, plaintiff's allegations against the defendant insurer were redundant and conclusory and did not provide a sufficient basis to state a plausible claim for punitive damages. The court granted defendant's motion to dismiss but granted plaintiff 14 days to her amend her claim.
Publication Date: 2019-12-16
Practice Area: Civil Procedure | Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1342
The court denied a motion for a protective order to shield the defendant surgeon from providing deposition testimony where the motion simply claimed that the surgeon could not participate due to a medical condition and did not make a particularized, fact-intensive showing of the need for such an order. The trial court recommended affirmance.
Publication Date: 2019-12-16
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1427
Plaintiff waived her claim for post-trial relief from a jury verdict of zero compensatory damages based on an allegedly erroneous jury charge where her counsel had ample opportunity to raise the objection during trial but failed to do so. The court denied plaintiff's motion for a new trial.
Publication Date: 2019-12-16
Practice Area: Civil Procedure
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Patrick
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1428
Defendant was not entitled to open a default judgment because she failed to promptly file her request to open, lacked a meritorious defense, and failed to provide a reasonable explanation for her failure to file a responsive pleading.
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Authors: Trey Cox, Jason Dennis
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Publication Date: 2019-12-09
Practice Area: Civil Procedure
Industry: Real Estate
Court: Superior Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1406
The trial court committed reversible error when it marked this action discontinued in its entirety based upon the settlement and discontinuance of plaintiff's claims against all defendants as there was no evidence that the settlement of plaintiff's claims resolved, mooted or barred defendants' crossclaims. The appellate court reversed and remanded.
Publication Date: 2019-12-09
Practice Area: Civil Procedure
Industry: Real Estate
Court: Supreme Court
Judge: Justice Todd
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1407
Where plaintiff purchased a residential property at a sheriff's sale after the defendant owners failed to pay real estate taxes, the superior court erred in finding that a magisterial district judge had jurisdiction over plaintiff's action seeking possession of the property and overdue "rent" as there was no landlord-tenant relationship between these parties. The high court reversed and remanded.
Publication Date: 2019-12-09
Practice Area: Civil Procedure
Industry: Legal Services
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1334
The court was unable to grant plaintiff the relief he sought in his preliminary objections, i.e., extra time to respond to defendant's filings due to the state of the prison system's mail system, as plaintiff's issues with the prison mail system did not serve as a proper basis for objections under Pa.R.Civ.P. 1028. The court overruled plaintiff's preliminary objections.
Publication Date: 2019-11-25
Practice Area: Civil Procedure | Dispute Resolution
Industry: Construction
Court: Courts of Common Pleas, Montgomery County
Judge: Judge Saltz
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1343
Under a straightforward application of §42 Pa.C.S. §7319, the only proper venue for plaintiff's petitions challenging the decisions of an arbitrator was Philadelphia County, where the arbitration hearings were held. The court recommended affirmance of its order transferring this case.
Publication Date: 2019-11-25
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1338
Plaintiffs' nuisance and trespass claims against their neighbor, which arose from the neighbor's purported failure to care for trees, were barred by the applicable statutes of limitations where plaintiffs acknowledged they were aware of the alleged tree problem nine years before filing suit. The court granted defendant's motion for summary judgment.
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