• Coppola v. Adobe Systems Inc.

    Publication Date: 2022-10-31
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Bateman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2016-05367

    Defendant was entitled to a substantial award of attorney fees under the fee shifting provision of 42 Pa.C.S. §2503 based on dilatory, obdurate or vexatious conduct where the pro se plaintiff engaged in a lengthy campaign of filing harassing discovery requests for irrelevant information and repeatedly acting in bad faith by objecting to everything. The court recommended affirmance.

  • Perrong v. Timeshare Help Source, LLC

    Publication Date: 2022-10-24
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kenney
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1085

    Defendant, alleged company director, moved to dismiss or transfer plaintiff's privacy action based on telemarketing phone calls to Missouri and court found the private and public factors weighed in favor of transfer. Motion granted.

  • Nitkin v. Main Line Health

    Publication Date: 2022-10-17
    Practice Area: Civil Procedure
    Industry: Health Care | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-4825-KSM

    Request for supplemental counsel fees and pre-judgment interest denied where filed after the deadlines set by the rules of civil procedure and plaintiff failed to allege facts demonstrating excusable neglect for the delay or reasonable diligence. Plaintiff's supplemental fee petition denied in part and granted in part.

  • Banks Twp. v. Garbacik

    Publication Date: 2022-10-17
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19 - 0426

    Defendant failed to preserve any issues for appellate review where he filed a direct appeal from the trial court's verdict against him rather than filing any post-trial motions in accordance with Pa.R.Civ.P. 227.1(c). The court recommended affirmance.

  • Edenfield v. ECM Energy Serv. Inc.

    Publication Date: 2022-10-10
    Practice Area: Civil Procedure
    Industry: E-Commerce | Technology Media and Telecom | Transportation
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-00041

    The court rejected petitioner's claim that corporate records stored electronically and accessible in Pennsylvania were subject to discovery under 15 Pa. C.S. §1508 since the documents' theoretic accessibility within the state was insufficient to put those documents within the court's jurisdiction and render them "located within Pennsylvania." The court denied petitioner's petition to compel.

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    Library of Pennsylvania Family Law Forms, Fourth Edition

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  • Beutler v. Gain

    Publication Date: 2022-10-03
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Binder
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-03084-TT

    The court refused to dismiss the defendant township from this suit under Pa.R.Civ.P. 1036, i.e., dismissal upon affidavit of noninvolvement, because the rule did not apply in this personal injury case and the Township failed to cite any other Act of Assembly providing for dismissal from a motor vehicle accident case upon an affidavit of noninvolvement. The court denied a motion for reconsideration.

  • Aldossari v. Ripp

    Publication Date: 2022-10-03
    Practice Area: Civil Procedure
    Industry: Energy
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-2080

    The Third Circuit joined its sister circuits in strictly construing the waiver exception to the Foreign Sovereign Immunities Act as requiring strong evidence that a foreign state intended to waive its sovereign immunity, and concluded that defendants, including the King of Saudi Arabia, had not waived such immunity. The appellate court vacated a dismissal order with prejudice for entry of a dismissal order without prejudice.

  • Nwachan v. HomeGoods, Inc.

    Publication Date: 2022-09-26
    Practice Area: Civil Procedure
    Industry: Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2269 EDA 2021

    Court denied a motion for reconsideration/appeal after a complaint filed in Pennsylvania was dismissed following a forum non conveniens motion arguing the wrongful death action should be litigated in Delaware. The court held that the motion was properly granted due to the fact that the product was purchased in Delaware, where defendant-appellee was also incorporated. Therefore, the court held that there was greater access to evidence and witness in Delaware and that Delaware State Courts were better situated to apply their own laws.

  • Powell v. Domenick

    Publication Date: 2022-09-26
    Practice Area: Civil Procedure
    Industry: Legal Services | State and Local Government
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 2753

    The court declined to hold a hearing on plaintiff's request for a preliminary injunction where defendant had executed a stipulation granting defendant the exact relief he sought, i.e., consent to a stipulation enjoining defendant and her colleagues from accessing the emails and stored data of the Lackawanna County District Attorney's Office. The court issued upon plaintiff a rule to show cause.

  • Shaver v. Levelle

    Publication Date: 2022-09-26
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21 CV 2465

    The court granted defendants' request to transfer venue on forum non-conveniens grounds due to the fact that the accident occurred in the requested venue and the defendant and defendants' employees/witnesses are in the requested venue. The court noted that defendants satisfied their burden of demonstrating that the initial venue was oppressive and the venue defendants sought provided better access to material witnesses and other sources of proof.