• Webb-Benjamin, LLC v. Int'l Rug Group, LLC

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Contracts
    Industry: Advertising
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0867

    Trial court erred in holding that it did not have personal jurisdiction over defendant Connecticut company in plaintiff's breach of contract action because defendant registered to do business in Pennsylvania as a foreign association, nothing in 42 Pa.C.S.A. §5301 limited jurisdiction to claims that occurred after registration and by registering, defendant consented to general personal jurisdiction. Reversed.

  • Washington County Family Entertainment, LLC v. Roberts

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Lenihan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0865

    Singer and singer's touring company failed to demonstrate lack of personal jurisdiction or failure to state a claim in plaintiff's action over the last minute cancellation of a concert and the failure to return deposit money because the complaint plainly alleged that touring company committed intentional torts and knew its conduct would harm plaintiff in Pennsylvania and plaintiff sufficiently pled the existence of an agency relationship to support plausible breach of contract and tort claims against singer as principal. Motions denie

  • Broomfield v. Hochwarter

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0845

    The court denied a defendant's preliminary objection based on lack of personal jurisdiction, because the sheriff's return of service indicated that this defendant was timely served.

  • In re Escheatment of Matured, Unredeemed, and Unclaimed U.S. Savings Bonds

    Publication Date: 2018-07-17
    Practice Area: Civil Procedure
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0835

    The notice proposed by treasurer as part of an escheatment proceeding pursuant to §1301.10(b) of the fiscal code to reunite matured, unredeemed and unclaimed U.S savings bonds with their owners was defective because the treasurer needed to modify the notice to correct the internal inconsistencies created by rule 430(b)(1)'s application in these particular circumstances. Application denied.

  • CRE/ADC Venture 2013-1, LLC v. Anderson

    Publication Date: 2018-07-10
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0772

    Where the evidence established that defendants executed a business loan agreement and promissory note under seal, the 20-year statute of limitations set forth in 42 Pa.C.S. 5529 for actions brought upon an instrument under seal was applicable to plaintiff's action; therefore, plaintiff's action upon a loan and promissory note was not time-barred. The court denied defendants' petition to open and/or strike a default judgment.

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  • Lamelza v. Wal-Mart Stores East, LP

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Personal Injury
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0797

    Plaintiffs' remand motion was granted in their action against store for injuries in store parking lot because store's removal of case to federal court was beyond the 30-days allowed since the §1446(b)(3) exception did not apply where store made the argument that manager named as a defendant was not a proper defendant and did not work at the store in its answer to the state court complaint and the 30 days began to run on the date of the state court answer. Remand granted.

  • Anthony v. Parx Casino et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Corporate Entities | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0783

    A corporation is not subject to venue based solely on the business activities of a sister corporation in the jurisdiction in question; therefore, the trial court did not abuse its discretion in sustaining the defendant casino's preliminary objections challenging venue in Philadelphia County. The appellate court affirmed the trial court's order transferring venue.

  • Navarra v. Navarra

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0748

    Defendant was properly served, and she was not entitled to have a judgment stricken or opened, because she delayed in seeking relief.

  • Caltagirone v. Cephalon, Inc. et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0784

    The trial court did not err in finding that plaintiff's wrongful death and survival claims, premised upon alleged violations of the Federal Food, Drug and Cosmetic Act and its implementing regulations, were preempted by the federal system of regulating and enforcement by the U.S. Food and Drug Administration. The appellate court affirmed the trial court's order.

  • Ridge Top Village Owners Ass'n v. Bodner

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-0741

    Defendants' status as pro se litigants did not excuse their failure to respond to requests for admissions and produce evidence in response to plaintiff's motion for summary judgment, which raised any genuine issues of material fact regarding defendants' admitted obligation to pay homeowners' assessments. The court granted plaintiff's motion for summary judgment.