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July 21, 2017 | The Legal Intelligencer

B.A.B. v. J.J.B., PICS Case No. 17-1106 (Pa. Super. June 26, 2017) Ott, J. (25 pages).

Trial court that issued initial custody determination retained exclusive, continuing jurisdiction over custody, and further had jurisdiction to determine whether another jurisdiction would be a more convenient forum warranting transfer of jurisdiction and venue. Order of the trial court affirmed.
7 minute read
July 21, 2017 | The Legal Intelligencer

Dutton v. American Bankers Inc. Co., PICS Case No. 17-1073 (C.P. Philadelphia July 3, 2017) Anders, J. (5 pages).

Plaintiff lacked standing to pursue this action against his neighbor's insurer for losses allegedly suffered in a fire since plaintiff was not a party to his neighbor's insurance contract or an assignee of any of the neighbor's rights under the contract. The trial court recommended affirmance of its decision granting insurer summary judgment.
6 minute read
July 21, 2017 | The Legal Intelligencer

Metropolitan Edison Co. v. City of Reading, PICS Case No. 17-1118 (Pa. June 20, 2017) Donohue, J., Mundy, J. (concurring), Saylor, C.J. (dissenting) (26 pages).

Commonwealth court erred in finding that appellant failed to establish a claim under the utility exception to the tort claims act because, under the exception, the focus had to be on whether the injuries alleged were caused by a dangerous condition which had its source in the local agency's utility service facility. Reversed.
4 minute read
July 21, 2017 | The Legal Intelligencer

Harrison v. Workers' Comp. Appeal Bd., PICS Case No. 17-1112 (Pa. Commw. June 28, 2017) Simpson, J.; (30 pages).

A workers' compensation judge properly calculated an employer's pension offset against workers' compensation benefits based on the maximum monthly amount of pension benefits the claimant could have received, even though claimant opted for a lower monthly rate to provide survivor benefits for his spouse. The court affirmed the decision regarding an offset of claimant workers' compensation benefits.
3 minute read
July 21, 2017 | The Legal Intelligencer

Cook v. City of Philadelphia, PICS Case No. 17-1085 (C.P. Philadelphia, Jun. 14, 2017) Anders, J. (4 pages).

Plaintiff's appeal of an agency decision was properly dismissed due to his failure to file a brief in support of his appeal, as required by the court's scheduling order.
2 minute read
Law Journal Press | Digital Book Pennsylvania Causes of Action, 12th Edition Authors: GAETAN J. ALFANO, RONALD J. SHAFFER, JOSHUA C. COHAN View this Book

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July 21, 2017 | The Legal Intelligencer

Dowds v. Zoning Bd. of Adjustment, PICS Case No. 17-1114 (Pa. Commw. June 27, 2017) Colins, J. (13 pages).

Pending ordinance doctrine did not apply to zoning application where examiner testified application was complete prior to favorable reporting of proposed zoning ordinance out of the city council, the point at which, under the city's zoning ordinance, the proposed ordinance was deemed "pending." Order of the trial court affirmed.
4 minute read
July 21, 2017 | The Legal Intelligencer

Adamo Peters, LLC v. Citywide Community Counseling Serv., Inc., PICS Case No. 17-1081 (C.P. Philadelphia Jun. 20, 2017) Patrick, J. (18 pages).

Plaintiff was entitled to recover its attorney fees where it specifically sought attorney fees in its amended complaint and in the pretrial settlement process. The parties' lease agreement also contained an explicit provision for the recovery of attorney fees in the event of a default.
5 minute read
July 21, 2017 | The Legal Intelligencer

Copia Communications, LLC v. Amresorts, L.P., PICS Case No. 17-1110 (E.D. Pa. June 20, 2017) Baylson, J. (12 pages).

Court denied plaintiff's motion for default judgment in its breach of contract action because plaintiff failed to properly serve Jamaican defendant where plaintiff failed to comply with the service of process provision in the contract and also failed to comply with F.R.C.P. 4. Motion denied, plaintiff granted 30 days to properly effectuate service of process.
2 minute read
July 21, 2017 | The Legal Intelligencer

Wilgro Services, Inc. v. Workers' Comp. Appeal Bd., PICS Case No. 17-0629 (Pa. Commw. June 28, 2017) McCullough, J. (14 pages).

Claimant's decision to jump from the roof of a two-story building at the end of his work day after another service provider removed a ladder was misguided, but it was not so foreign or removed from his usual employment as to constitute an abandonment of his job. The court affirmed the decision granting claimant workers' compensation benefits.
3 minute read
July 21, 2017 | The Legal Intelligencer

Anderson v. Ying et al, PICS Case No. 17-1070 (C.P. Philadelphia July 6, 2017) Shreeves-Johns, J. (13 pages).

Plaintiff failed to produce sufficient evidence that the City of Philadelphia was on constructive notice of a sidewalk defect through evidence that city employees had visited the area for purposes other than to inspect or clean the sidewalk. The court recommended affirmance of an order denying plaintiff's motion to set aside a nonsuit.
6 minute read

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