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  • Ashdale v. Guidi Homes, Inc.

    Publication Date: 2021-03-15
    Practice Area: Civil Appeals
    Industry: Construction
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0266

    The appellate court lacked jurisdiction to review a trial court order on appeal under the collateral order doctrine because the challenged order involved a question of fact regarding application of the statute of repose that was not separable from plaintiffs' main cause of action. The superior court granted an application to quash defendants' appeal.

  • Williams v. Sontchi

    Publication Date: 2021-01-13
    Practice Area: Civil Appeals
    Industry: Energy | Mining and Resources
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D69261

    Judicial defendants were entitled to immunity, so the district court properly rejected plaintiff's appeal and denied his motion to amend.

  • E. Penn Twp. v. Synagro

    Publication Date: 2020-11-02
    Practice Area: Civil Appeals
    Industry: Chemicals and Materials | State and Local Government
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1096

    The court's order denying defendants' motion for judgment on the pleadings in this case, which was scheduled for trial in the new year, was not a final order; therefore, defendants could not appeal that order as a matter of right. The court recommended affirmance of its order denying defendants' motion for judgment on the pleadings.

  • Calabretta v. Guidi Homes, Inc.

    Publication Date: 2020-11-02
    Practice Area: Civil Appeals
    Industry: Construction | Real Estate
    Court: Superior Court
    Judge: Judge Strassburger
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1180

    Plaintiff homeowners were correct in asserting that the trial court's order denying defendants' motion for summary judgment based on the statute of repose was not a collateral order under Pa.R.A.P. 313 because it addressed underlying claims and was not separable from and collateral to the main cause of action. The superior court quashed defendants' appeal.

  • Fattah v. Rackovan

    Publication Date: 2020-09-28
    Practice Area: Civil Appeals
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1060

    Court found defendant's motion to dismiss plaintiff's notice of appeal as untimely belonged before the third circuit, not this court, and court denied plaintiff's motion to amend his notice of appeal for failure to establish excusable neglect or good cause. Motions denied.

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  • AL v. DD

    Publication Date: 2020-09-21
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0923

    Plaintiff failed to establish that an award of attorney fees was improper in this contempt matter, so the court concluded the appeal should be dismissed.

  • Adams v. Erie Ins. Co.

    Publication Date: 2020-08-31
    Practice Area: Civil Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0936

    The superior court lacked jurisdiction to hear plaintiffs' appeals in two consolidated matters since these separate actions lacked overlap in identity of parties and, therefore, retained their separate identities and required distinct judgments. The superior court quashed plaintiffs' appeal.

  • A.A. v. Glicken

    Publication Date: 2020-08-31
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0935

    The superior court invoked the collateral order doctrine to review an order denying a request to seal a petition for approval of a minor plaintiff's settlement agreement where the case involved the public's right of access to judicial records and defendants' claims challenging the order would be irreparably lost if the appeal was denied. The superior court denied defendants' appeal on the merits.

  • Temple v. Providence Care Ctr., LLC

    Publication Date: 2020-08-03
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0825

    Superior court erred in finding that trial court invoked its sua sponte authority to declare a new trial because trial court granted a new trial based on defendant nursing home facility's unpreserved motions for a mistrial, which was legal error. Reversed.

  • Cowher v. Kodali

    Publication Date: 2020-07-20
    Practice Area: Civil Appeals
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0666

    The rule allowing modification of the security to be posted in an appeal did not permit the trial court to extend the time for posting a supersedeas bond. Even if the court could extend the time, defendants failed to demonstrate good cause.