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  • In re Estate of Tyreman

    Publication Date: 2018-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0678

    The court declined to impose a surcharge on an agent acting under a power of attorney where the document permitted the general unlimited authority to make gifts.

  • Bancorp, Inc. v. Yaron

    Publication Date: 2018-06-12
    Practice Area: Business Torts
    Industry: Financial Services and Banking | Accounting
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0668

    Plaintiff was not entitled to summary judgment on its claim that the defendant accountants violated the U.S. Racketeer Influenced and Corrupt Organization statute by committing fraud and engaging in negligent misrepresentation given questions of fact regarding whether defendants had the intent to defraud as opposed to a good faith belief that the information they provided was true. The court denied plaintiff's motion for summary judgment.

  • In re: Estates of Berg

    Publication Date: 2018-06-12
    Practice Area: Family Law
    Industry: Accounting
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-06780

    The court permanently removed accountant Gloria Byars as guardian of the estates of two elderly persons where she engaged in self-dealing and breached her fiduciary duties and imposed a surcharge for her misconduct, while also warning the Philadelphia Corporation for Aging to conduct due diligence before nominating guardians to protect the elderly and incapacitated. The court sustained objector's objections.

  • Filby v. Colebrookdale Twp.

    Publication Date: 2018-06-12
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Berks County
    Judge: Judge Sprecher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0642

    Plaintiffs' complaint against several individuals in their capacity as officials of Colebrookdale Township failed to state a claim for official oppression as their actions taken in response to plaintiffs' quarrels with neighbors were not illegal. The court recommended affirmance of its order dismissing plaintiffs' claims with prejudice.

  • Bidwell v. Bidwell

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Family Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Sibum
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0672

    Pennsylvania Rule of Professional Conduct 1.11(c) did not disqualify wife's attorney in this divorce action, though counsel was involved in the prosecution of the defendant husband during her prior work for a district attorney's office, because the two matters were not substantially similar. The court denied defendant's motion to disqualify plaintiff's attorney.

  • Commonwealth v. Jeffrey

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0677

    The court refused to quash firearms charges against a defendant who had been convicted of impersonating a police officer in another state, because defendant failed to demonstrate that both his gun rights and his civil rights had been restored.

  • Estate of Hicks v. Roberts

    Publication Date: 2018-06-12
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Sibum
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0679

    The Dram Shop Act was a limiting statute, which barred plaintiffs from pursuing other negligence claims. Plaintiffs' complaint adequately alleged that defendant's employees served liquor to an individual who was visibly intoxicated, so the court overruled those preliminary objections.

  • Ferguson v. Ghigiarelli et al

    Publication Date: 2018-06-05
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0641

    The report of defendants' addiction expert was inadmissible to the extent it sought to establish that plaintiff consumed alcohol daily around the time of his fall since the record did not contain an adequate basis in fact for the expert's proffered opinions. The court granted plaintiff's motion in limine in part.

  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0649

    In this criminal proceeding against a fraternity for the hazing death of a pledge, the court concluded that defendant's statements of error regarding its right to present a defense were without merit.

  • Ridge Top Village Owners Ass'n v. Rosol et al

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0644

    Defendants chose to proceed pro se at their peril, and their unexcused failure to respond to a request for admissions constituted an admission of the facts set forth therein, establishing all the facts necessary to grant summary judgment in favor of the plaintiff. The court granted plaintiff's motion for summary judgment.