• Commonwealth v. Jaquez-Jaquez

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

    Case Number: 2048 EDA 2022

    The court affirmed the trial court's granting of a motion to suppress evidence seized during a vehicle search conducted during a routine traffic stop. Although the commonwealth argued that they did not extend the stop beyond the timeframe necessary, the court disagreed and was persuaded by the fact that the officer had initially told appellee he was free to go as his license and registration were valid. The court further disagreed that appellee's consent to search his vehicle was freely given, finding instead that a language-barrier a

  • Terry v. Aesculap Implant Sys., LLC

    Publication Date: 2022-12-12
    Practice Area: Products Liability
    Industry: Distribution and Wholesale | Health Care | Manufacturing
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2018-C-1938

    The court granted defendant's motion to dismiss based on lack of personal jurisdiction on the basis that they lacked both general and specific jurisdiction. As to general jurisdiction, the court found that jurisdictional requirements were not met under 42 Pa. C.S.A. §5301(a)(1). The court then reviewed whether specific jurisdiction was proper, finding that the defendant lacked sufficient minimum contacts within the state.

  • Commonwealth v. Betancourth

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

    Case Number: 4143 / 2016

    The court denied appellant's appeal of his sentence, arguing that he did not knowingly plead guilty to his charges. The court reviewed the record, noting that appellant had provided an informed written statement pleading guilty and further orally acknowledged the benefits to allowing his separate charges to run concurrently. Although appellant raised additional arguments as to sentencing and jurisdiction, the court dismissed these arguments as "without merit."

  • Morales v. St. Lukes's Hospital-Allentown Campus

    Publication Date: 2022-12-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-C-1183

    Defendants erred in relying on Sutherland v. Monongahela Valley Hosp. to argue that the corporate negligence theory did not apply to a physician's group because it had not assumed the role of a comprehensive health center, and failed to analyze such a claim in view of the factors set forth in Althaus v. Cohen. The court overruled defendants' preliminary objection.

  • Lahr v. Young

    Publication Date: 2022-12-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-0010

    The patient safety reports plaintiff sought in this medical malpractice suit were solely prepared for compliance with the Medical Care Availability and Reduction of Error Act reporting requirements, but they were not immune from discovery because they did not arise out of matters reviewed by a patient safety committee. The court vacated a prior order and issued a new order granting discovery on corrected grounds.

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  • Morel v. Patt

    Publication Date: 2022-12-05
    Practice Area: Discovery
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2021-C-0506

    Plaintiff failed to make a good faith effort to identify her treatment providers and produce related treatment records; therefore, defendants were entitled to recover attorney fees and expenses incurred to secure such information as a sanction. The court granted in part defendants' motion for sanctions.

  • Discover Bank v. Rapoport

    Publication Date: 2022-08-22
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0870

    Court granted defendant's preliminary objections to creditor plaintiff's complaint because the complaint failed to specifically plead the breach of contract claim and further failed to specifically aver time, place, and items of special damage, violating Pa.R.C.P. 1028(4). The court noted the complaint was legally insufficient because plaintiff failed to attach a copy of the alleged breach of contract and further failed to explain "how and why transactions during" a time period were relevant to the relevant sum alleged.

  • Lahr v. Young

    Publication Date: 2022-08-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0873

    Defendants failed to demonstrate that certain patient safety reports generated while plaintiff was in hospital to give birth were immune from discovery in this medical malpractice suit under either the Peer Review Protection Act or the privilege afforded by the Medical Care Availability and Reduction of Error Act. The court granted plaintiff's motion to compel.,

  • Orona v. Gubitosi

    Publication Date: 2022-08-22
    Practice Area: Business Torts
    Industry: Entertainment and Leisure | Food and Beverage
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0869

    Court denied objection to a motion seeking to join an additional defendant where the additional defendant argued joinder was not timely filed. Although the request for joinder was late, the court exercised discretion to allow joinder on the grounds that it was reasonable since late joinder only occurred while the parties made a good-faith effort to settle the matter. Court denied in part and granted in part additional defendant's demurrers to the complaint, finding that defendant did not owe a fiduciary duty by law to plaintiff since

  • Murray v. Frick

    Publication Date: 2022-08-22
    Practice Area: Personal Injury
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0871

    Given precedent defining §4-497 of the Pennsylvania's Dram Shop Act as a limiting provision that protects a licensee from liability to third parties unless the patron was visibly intoxicated, the court held that the provision operated to preempt plaintiff's common law negligence claims against the defendant liquor licensee. The court sustained defendants' preliminary objections in part.