• Hamilton Twp. v. Gimadeyev

    Publication Date: 2024-08-09
    Practice Area: Land Use and Planning
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7101-CV-2022

    Defendant property owner appealed the trial court's judgment in favor of plaintiff township in its action for enforcement of a zoning violation notice arising from defendant's use of his property for short-term rentals. The court concluded that where defendant had not appealed an adverse ruling by Township's Zoning Hearing Board as to his prohibited use of the property, the sole question in Township's case was whether defendant's prohibited activity was continuing, and not whether defendant's use of his property fell within another au

  • McFadden v. Genovesi

    Publication Date: 2024-08-02
    Practice Area: Civil Appeals
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Mellon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2015-06593

    Plaintiff appealed from the trial court's order mandating that he execute settlement documents pursuant to a settlement agreement with defendant. The court concluded that the appeal should be dismissed for plaintiff's failure to file a statement of errors complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).

  • Peterson v. Stacy's Pizza, Inc.

    Publication Date: 2024-08-02
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Kennedy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 956

    In this § 1925(a) opinion, the court defended its order granting a compulsory nonsuit to appellees in a personal injury case arising from a claimed injury to appellant, a delivery driver, that he said happened when a metal shutter door suddenly came down on top of his head while he was making a delivery to appellees' location.

  • Clay v. First Nat'l Bank

    Publication Date: 2024-08-02
    Practice Area: Dispute Resolution
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD23-8768

    Defendant bank appealed the court's denial of its preliminary objection seeking contractual arbitration of plaintiff's class action suit challenging defendant's overdraft and insufficient fund fees. The court concluded that its order should be affirmed where plaintiff, as a customer of a bank that was subsequently acquired by defendant, never assented to the addition of an arbitration provision and class action waiver to her deposit account agreement.

  • Ottinger v. Bucks County Tax Claim Bureau

    Publication Date: 2024-08-02
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-03779

    In this § 1925(a) opinion, the court justified its ruling denying appellant's petition to set aside a tax sale of his property and granting a judgment of possession to Jessica Poltavskiy and urged the Commonwealth Court to affirm because appellant received adequate notice of the sale after two previous upset tax sales were the subject of notice by both posting and personal service.

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  • Saint Vladimir Ukrainian Orthodox Church of Philadelphia v. Saunders

    Publication Date: 2024-08-02
    Practice Area: Real Estate
    Industry: Hospitality and Lodging | Non-Profit | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Butchart
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00071

    In a § 1925(a) opinion, the court urged the Superior Court to affirm its four orders declaring that respondent's property was abandoned and blighted under Act 135, 62 Pa. C.S. § 1101, and appointing petitioner's chosen conservator to remediate the property when respondent's interlocutory appeal was filed without authorization and when he failed to provide the court with an adequate statement of errors complained of on appeal under §1925(b).

  • Yurek v. Bauer

    Publication Date: 2024-08-02
    Practice Area: Damages
    Industry: Health Care
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD18-12387

    Plaintiff and defendant cross-appealed the trial court's judgment on a jury verdict in plaintiff's action for personal injury. The court concluded that its judgment should be affirmed where, in pertinent part, it properly declined to reduce the jury's verdict for plaintiff's medical expenses pursuant to Act 6's cost containment provision because plaintiff's expenses were incurred for surgery outside Pennsylvania by a provider who was not a licensed provider in the Commonwealth.

  • Nestor v. Knowles

    Publication Date: 2024-08-02
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023 CV 2114

    Plaintiff's motion for reconsideration was denied where she waived her right by failing to move for a directed verdict at the close of evidence.

  • James v. McManus

    Publication Date: 2024-08-02
    Practice Area: Damages
    Industry: Legal Services | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01149

    In this § 1925(a) opinion defending the court's grant of defendant's motion to amend judgment, the court pronounced itself "shocked" at the effort of plaintiff's counsel to advance his own misinterpretation of the court's order in an effort to recover $43,300 more for his client than what the court ordered and asked for sanctions.

  • Polanco v. Lehigh Valley Health Network, Inc.

    Publication Date: 2024-08-02
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023 CV 1001

    Defendants pediatrician and hospital filed preliminary objections to plaintiffs' medical malpractice complaint alleging injuries to their newborn child. The court overruled the preliminary objections, concluding plaintiffs stated vicarious liability claims against defendants, stated prima facie malpractice claims with allegations of recklessness necessary to support a claim for punitive damages, and set out claims that were factually sufficient to inform defendant hospital of the claims it would have to defend.