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Publication Date: 2023-03-06
Practice Area: Deals and Transactions
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 009997-CV-2019
The trial court granted plaintiff's request for equitable partition of a motor home jointly owned with defendant. The trial court ordered the vehicle's sale, with the proceeds to be equally distributed between plaintiff and defendant.
Publication Date: 2023-03-06
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hangley
Attorneys: For plaintiff:
for defendant:
Case Number: 2422 EDA 2022
While the plaintiff landlords did not produce an actual City of Philadelphia rental license and a certificate of rental suitability, they established through credible testimony that they had such documents at the time they rented a condominium to defendants and provided defendants with a copy of the certificate of rental suitability. The court recommended affirmance.
Publication Date: 2023-03-06
Practice Area: Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 3250
A personal injury plaintiff's complaint could not state an independent cause of action for punitive damages. Plaintiff's allegations of wanton, willful and reckless conduct were sufficient, however, to support his corresponding general demand for recovery of punitive damages in his personal injury action. Defendants' preliminary objections sustained in part and overruled in part.
Publication Date: 2023-03-06
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 12035 of 2009, C.A.
Evidence of record compelled the trial court's transfer of primary physical custody of minor children from mother to father. The trial court properly relied upon the children's testimony from a conciliation conference to support its rationale regarding the custody arrangement which most suited the children's best interests. The court recommended that the Superior Court affirm its custody order and dismiss mother's appeal.
Publication Date: 2023-03-06
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 161 CIVIL 2021
Plaintiffs, a landlord and its insurer, could not maintain this subrogation action against the defendant tenants where the terms of both the commercial and residential leases at issue suggested that defendants were implied co-insureds on landlord's fire insurance policy. The court granted defendants' motion for summary judgment.
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Authors: Seeger Salvas
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Publication Date: 2023-03-06
Practice Area: Contractual Disputes
Industry: Investments and Investment Advisory | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 2207 EDA 2022
Defendant was not entitled to strike default judgment where plaintiff served defendant with initial process according to letter and spirit of service rules and thereby placed defendant on notice that suit had been commenced against it. The court recommended in defendant's appeal that the Superior Court affirm the court's order denying defendant's petition to strike the default judgment.
Publication Date: 2023-03-06
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Roberts
Attorneys: For plaintiff:
for defendant:
Case Number: 1002 CD 2022
Bureau of Administrative Adjudication misapplied its own regulations and abused its discretion in upholding appellant's citation for parking in a disabled parking space and ignoring appellant's defense, namely that his valid disabled person placard was not in his vehicle at the time and he instead displayed a placard identification card on his dashboard. The court recommended that the Commonwealth Court affirm its order reversing the BAA and granting appellant's administrative agency appeal.
Publication Date: 2023-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10870 of 2021, C.A.
Plaintiffs offered sufficient evidence to establish the recognition and acquiescence to a consentable boundary in the form of an asphalt driveway, including the requisite time period, as well as evidence that the intent of the easement grant was to allow plaintiffs access over land belonging to defendants and their predecessors. The trial court recommended affirmance.
Publication Date: 2023-02-27
Practice Area: Contractual Disputes
Industry: Construction
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 19-01887
The court granted the request to strike a breach of contract and unjust enrichment claim agreeing with defendant that plaintiff failed to set forth adequate facts to indicate that defendant engaged in a conspiracy to approve sub-standard work on a welding project. Although the court found plaintiff failed to allege enough facts to support their claims, the court used its discretion to allow plaintiff leave to amend.
Publication Date: 2023-02-27
Practice Area: Premises Liability
Industry: Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 01172
Defendant's insurer could not intervene in this premises liability action for the limited purpose of submitting interrogatories in aid of determining whether plaintiff's accident was excluded under its insurance policy as the insurer's liability was uncertain and it did not have a legally enforceable interest in the matter. The trial court recommended affirmance.
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