• Hattay v. Streamline Solutions, LLC

    Publication Date: 2024-02-09
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Coyle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23014213

    In this §1925(a) opinion, the court asked the Superior Court to affirm its discretionary order denying defendants' pretextual motion to quash a subpoena to Michael Stillwell, the sole principal of both defendants, and for a protective order because defendants failed to proffer any justification for setting aside the order enforcing the subpoena and merely claimed the court had erred or abused its discretion and Pennsylvania Rules of Civil Procedure 234.4, 3117, 4011, and 4012 support the court's discretionary decision.

  • Williams v. City of New Castle

    Publication Date: 2024-02-09
    Practice Area: Government
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 70005 OF 2020,M.D.

    Appellants, the City of New Castle and its police pension review board, appealed the court's decision awarding survivor benefits to appellees, the ex-wives of two deceased police officers. In a §1925(a) opinion, the court justified its opinion and order granting appellees' petitions for review and asked the Commonwealth Court to deny appellants' appeal.

  • New Century Realty, Inc. v. Lollis

    Publication Date: 2024-02-09
    Practice Area: Landlord Tenant Law
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 007359-CV-2022

    Plaintiff property owner sought ejectment of parties who occupied plaintiff's residential property at the time of plaintiff's purchase. The court awarded plaintiff possession of its property where defendants had no valid claim that they were leasing the property as subtenants and thus occupied the premises as holdover tenants.

  • Kucherezhko v. Varfolomeev

    Publication Date: 2024-02-09
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1262 CV 2022

    Plaintiff filed suit for partition of real property jointly owned with defendant pursuant to a business partnership. The court authorized plaintiff to purchase defendant's one-half interest in the property at a price that reflected defendant's equity minus credits in favor of plaintiff for various expenses and costs paid.

  • Estate of Eddy v. Saber Healthcare Group, LLC

    Publication Date: 2024-02-09
    Practice Area: Wrongful Death
    Industry: Health Care | Hospitality and Lodging
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022 CV 1553

    Defendant nursing care facility moved for dismissal or, alternatively, suppression of wrongful death plaintiff's evidence as spoliation sanctions for plaintiff's cremation of his mother's body. The court denied the motion where the cremation occurred some two months before an autopsy report revealed a potential professional liability cause of action against defendants, and where defendants had an opportunity to examine the mother's body, and other evidence was available to challenge plaintiff's claims. The court, however, authorized d

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  • Educ. Comm. for Foreign Med. Graduates v. Tulp

    Publication Date: 2024-02-09
    Practice Area: Litigation
    Industry: Education
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Crumlish
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 201001976

    In a §1925(a) opinion justifying the trial court's order granting partial summary judgment to plaintiffs on their claim of wrongful use of civil proceedings, the court noted that the defendant's position that the court should have relaxed its insistence on compliance with the Rules of Civil Procedure because the defendant was pro se and excused defendant's failure to file timely responses to requests for admissions which have not been withdrawn or amended was unsupported and improper.

  • Watson v. Israel

    Publication Date: 2024-02-09
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Cunningham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 221001274

    In a §1925(a) opinion, the trial court urged the Superior Court to affirm its order granting summary judgment to the defendant based on collateral estoppel following an arbitration in which the plaintiff was found to be 100% liable for the motor vehicle collision at issue, a settlement based on the arbitration award, the payment of the settlement amount, and the filing of a new lawsuit by plaintiff and her husband based on the same motor vehicle collision.

  • Francis Joseph Capital, Inc. v. Braud

    Publication Date: 2024-02-02
    Practice Area: Contracts
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Hangley
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1728 EDA 2023

    The trial court, in a §1925(a) opinion, urged affirmance of its order granting an unopposed petition to open the case following a trial at which defendants failed to appear for a trial after notice was sent to their attorney.

  • Ellis v. Moran Foods

    Publication Date: 2024-02-02
    Practice Area: Employment Litigation
    Industry: Food and Beverage | Retail
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2305 EDA 2023

    Plaintiff employee appealed the court's order sustaining defendant employer's preliminary objections to plaintiff's amended complaint. The court concluded that its order should be affirmed where plaintiff's retaliatory termination complaint was barred by the doctrine of res judicata.

  • Lewis-Hagins v. Williams

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

    Case Number: 210300058

    Premises liability defendants appealed the court's order granting reconsideration and vacating its earlier order granting defendants' motion for summary judgment. The court concluded that its decision should be affirmed where plaintiff's motion for reconsideration demonstrated the existence of a genuine dispute of material fact as to whether plaintiff saw a defect in a curb before she tripped and fell.