• Reynolds Iron Works v. Lundy Constr. Co.

    Publication Date: 2022-12-26
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 20-0730

    The court denied the parties' respective motions for summary judgment arising from a construction contract and subcontract. The court concluded that summary judgment was improper due to genuine issues of material fact that included whether work was timely completed under the contract, whether an oral modification to the contract was created, and whether proper notice regarding a deficiency was delivered in accordance with the terms of the Pennsylvania Contractor and Subcontractor Payment Act.

  • Heidemann v. Funes

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-C-1979

    The court denied defendant's motion to dismiss in a personal injury action on the grounds that plaintiff had made a good-faith effort to effectuate proper service of the amended complaint during the applicable statute of limitations. The court pointed towards the fact that plaintiff had attempted to serve defendant via certified mail and even went as far as hiring a private investigator to locate the best address for defendant.

  • Xi v. Deegan

    Publication Date: 2022-12-19
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Cunningham
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 210900716

    Court affirmed decision dismissing appellant's complaint for failure to prosecute on the grounds that appellant repeatedly failed to respond to appellees' preliminary objections, filed multiple amended complaints, and failed to effectuate proper service of any of the complaints on appellees.

  • Gresh v. Allied Res. Med. Staffing Co.

    Publication Date: 2022-12-19
    Practice Area: Contractual Disputes
    Industry: Recruitment and Staffing
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-3143

    The court overruled defendant company's preliminary objections challenging plaintiff's breach of contract and promissory estoppel claims. Although defendant argued that they had never promised work to plaintiff, the court noted that they were bound by the facts and assertions in plaintiff's operative complaint which included cognizable claims against defendant.

  • Lobar Inc. v. County of Lycoming

    Publication Date: 2022-12-19
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:

    Case Number: CV 16-1320

    Plaintiff's proffered evidence, including the reports of three expert witnesses, raised material issues of fact regarding the proper interpretation of a contract term requiring the company to construct a tank to store excess leachate from an expanded landfill that was "watertight." The court denied all parties' motions for summary judgment.

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  • Diamond Design, Inc. v. Blair

    Publication Date: 2022-12-19
    Practice Area: Trade Secrets
    Industry: Retail
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-10757

    Court affirmed the jury's verdict in a claim arising out of trade secret information contained on a customer list defendants had taken and used without plaintiffs' permission. Although defendants argued that a customer list did not constitute a "trade secret," the court disagreed and pointed to Pennsylvania Supreme Court precedent to the contrary. The court further affirmed the award of attorney fees finding them reasonable given the amount of litigation and work involved.

  • Smith v. CMS W., Inc.

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry: Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02048

    Court affirmed a decision granting a motion to transfer venue under Pa.R.C.P. 1006(d)(1) on the grounds that the former venue was oppressive to several of the witnesses who did not reside within the county and would have to travel several hours for depositions, trials, etc. The court further rejected appellant's arguments that the court did not allow the parties to engage in enough discovery related to the issue of venue selection finding that appellants were allowed to submit several affidavits to the court regarding venue selection.

  • Commonwealth v. Gethers

    Publication Date: 2022-12-19
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Rogers
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7289-2019

    The delay in bringing defendant to trial was not so harsh as to warrant dismissal where the circumstances were largely attributable to the global COVID-19 pandemic, a large backlog resulting from the court's shutdown, the prioritization of cases and defendant's release on bail and subsequent incarceration for first degree murder. The court denied defendant's motion to dismiss.

  • Monroe County Republican Comm. v. Monroe County Bd. of Elections

    Publication Date: 2022-12-19
    Practice Area: Election and Political Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7228 CV 2022

    The court refused to enjoin defendant from notifying mail-in and absentee ballot voters of any obvious defects in their ballots, thereby allowing them to submit a proper ballot since granting injunctive relief one day before the election would cause greater harm than refusing it. The court denied plaintiffs' request.

  • Thompson v. Kim

    Publication Date: 2022-12-19
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2017-03442

    While defendant's proposed remedy for the abatement of water flow from his property to plaintiffs' property was arguably inadequate to abate excess water runoff, it was more closely tailored to the extent of the actionable conduct than plaintiffs' suggestion, which went beyond the modification necessary to address the impact of the conduct at issue. The court recommended affirmance.