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  • Castellano v. Delgiorno

    Publication Date: 2022-01-03
    Practice Area: Damages
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1423

    The court, in this negligence action, denied defendant's preliminary objection to plaintiffs' claim for punitive damages and damages associated with record retrieval from plaintiffs' home that was destroyed by a fire allegedly caused by the negligence of defendants. However, the court sustained defendant's objections to plaintiffs' request for damages associated with a fire investigation and legal fees incurred in the purchase of the home.

  • Holford v. DiFabio

    Publication Date: 2021-12-20
    Practice Area: Damages
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1461

    Complaint alleging fraud and negligence in obtaining judgment for unpaid rent based on lease purportedly fraudulently bearing plaintiff's signature was dismissed where plaintiff's claims were barred by litigation privilege and plaintiff was neither the target of the alleged fraud nor owed duties by defendants. Defendants' motion to dismiss granted.

  • Chestnut St. Consol. LLC v. Dawara

    Publication Date: 2021-11-29
    Practice Area: Damages
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1390

    Plaintiff LLC converted to take advantage of tax and business laws was not improperly converted solely to manufacture diversity jurisdiction to pursue a federal action. Defendants' motion to dismiss denied.

  • Clark v. Peugh

    Publication Date: 2021-07-12
    Practice Area: Damages
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0794

    Criminal defendant could not file civil claims to challenge a victim's representations supporting a restitution order, where the appropriate remedy would be to seek amendment of the sentencing order with the sentencing court. Order of the trial court affirmed.

  • The Bert Co. v. Turk

    Publication Date: 2021-05-24
    Practice Area: Damages
    Industry: Financial Services and Banking | Insurance
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0568

    Addressing an issue of first impression, the superior court rejected defendants' claim that a $2.8 million punitive damages award violated due process as the court was persuaded by precedent that the computation of damages ratios in multi-defendant cases are on a per-defendant basis, rather than by aggregating all compensatory and punitive damages on a per-judgment basis. The appellate court affirmed.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Utica Mutual Ins. Co. v. James A. Doherty Co., Inc.

    Publication Date: 2021-05-17
    Practice Area: Damages
    Industry: Distribution and Wholesale | Insurance
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0446

    Defendant could not rely on the "American Rule" to defeat plaintiffs' claim for pre-judgment interest where plaintiffs did not seek to recovery attorney fees, but only interest on a sum certain allegedly due and owing, together with the costs of suit. The court overruled of common pleas recommended affirmance of verdict.

  • Lloyd v. Covanta Plymouth Renewable Energy, LLC

    Publication Date: 2021-02-15
    Practice Area: Damages
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0159

    Although negligence and nuisance claims could be simultaneously asserted from the same conduct, the lack of personal injury or property damage was fatal to a claim of negligence. Defendant's partial motion to dismiss granted in part and denied in part.

  • Unterberg v. Mercury Ins. Co. of Florida

    Publication Date: 2021-01-25
    Practice Area: Damages
    Industry: Insurance
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Pavlack
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1402

    Where an insurer denied a claim in bad faith, insureds were entitled to punitive damages, interest, costs and attorney fees.

  • Great N. Ins. Co. v. Haller Enter., LLC

    Publication Date: 2021-01-18
    Practice Area: Damages
    Industry: Construction | Insurance
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0034

    Defendant's motion to file a third-party complaint granted where it sufficiently set forth a basis for liability against the proposed third-party defendant and defendant timely filed its motion after complex technical analysis revealed the basis for liability. Defendant's motion to file a third-party complaint granted.

  • Wyatt v. Smith

    Publication Date: 2020-12-14
    Practice Area: Damages
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1357

    Court granted plaintiff's request for a preliminary injunction in his action for tortious conversion against former girlfriend, who had removed his money from a temporary bank account set up in her name until he could get a business going, because court found he was likely to succeed on the merits, would suffer irreparable harm and girlfriend willfully failed to appear for the hearing. Preliminary injunction granted.