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  • Chester Water Auth. v. Pennsylvania Dep't of Cmty. & Econ. Dev.

    Publication Date: 2021-05-10
    Practice Area: Public Records
    Industry: Consulting | State and Local Government
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0509

    The commonwealth court erred in concluding that communications exchanged between a commonwealth agency and a private consultant could be shielded from disclosure under the Right-to-Know Law's pre-decisional deliberations exception. The high court reversed in part and affirmed in part.

  • Commonwealth v. Snyder

    Publication Date: 2021-05-03
    Practice Area: Criminal Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0497

    Dismissal of Post Conviction Relief Act claims with arguable merit reversed where defendant had also asserted claims of ineffective assistance of counsel against his direct appellate counsel, who accepted the PCRA court's appointment without advising the court of his conflict of interest. Order of the PCRA court affirmed in part and vacated and remanded in part.

  • Emmet P. v. Twin Valley Sch. Dist.

    Publication Date: 2021-05-03
    Practice Area: Education Law
    Industry: Education | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rice
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0479

    Prevailing party fee award in §504 action slightly reduced to reflect counsel's relative inexperience in the specialized field of education law and to reflect plaintiff's partial success as one claim was dropped during the due process hearing. Plaintiff's motion for attorneys' fees and costs granted as modified.

  • Keystone Custom Homes Inc. v. Appel & Yost LLP

    Publication Date: 2021-05-03
    Practice Area: Legal Malpractice
    Industry: Legal Services | Real Estate
    Court: Courts of Common Pleas, Chester County
    Judge: Judge Tunnell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0410

    Plaintiffs' legal malpractice action, which alleged that defendants negligently prepared a public offering statement for them, was time-barred under the occurrence rule as the limitations period began to run upon the happening of the breach of duty, i.e., when defendants prepared and provided them with the erroneous POS in 2007. The court found in favor of defendants.

  • Klotz v. Celentano Stadtmauer & Walentowicz LLP

    Publication Date: 2021-04-19
    Practice Area: Creditors' and Debtors' Rights
    Industry: Legal Services
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Porter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0433

    Plaintiff appealed the denial of her motion to amend her complaint asserting defendants violated the Fair Debt Collection Practices Act in sending her a collection letter for her deceased husband's hospital bill and court found the equal credit opportunity act did not preempt New Jersey's doctrine of necessaries so defendant could send collection letters to plaintiff without violating the FDCPA. Affirmed.

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    Lackawanna/Luzerne County Court Rules 2023

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  • Wilmington Twp. v. Hahn

    Publication Date: 2021-04-19
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0353

    The court struck a petition to enforce an Office of Open Records decision where a settlement agreement memorialized by a praecipe was lawfully concluded by counsel and appellant offered no proof of any extraordinary cause to justify striking the corresponding discontinuance. The court denied appellant's petition.

  • Nkansah v. Kleinbard LLC

    Publication Date: 2021-04-19
    Practice Area: Legal Malpractice
    Industry: Investments and Investment Advisory | Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Savage
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0437

    Defendant attorney moved for summary judgment in plaintiff's legal malpractice action and court found plaintiff could not prove he would have prevailed in the underlying action over an investment or establish actual injury. Motion granted.

  • In re: Estate of W. McAleer

    Publication Date: 2021-04-19
    Practice Area: Discovery
    Industry:
    Court: Supreme Court
    Judge: Justice Wecht
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0422

    The high court split on whether the attorney-client privilege and work product doctrine protect communications between a trustee and counsel from discovery by beneficiaries when the communications arose in the context of adversarial proceedings between those parties, but found that disclosure would nevertheless result from the competing positions set forth by a majority of justices. The high court affirmed the lower court's alternative ruling.

  • Commonwealth v. Shaw

    Publication Date: 2021-04-12
    Practice Area: Criminal Appeals
    Industry: Legal Services
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0389

    The superior court did not err in finding that defendant was entitled to redress concerning a claim of ineffective assistance of appellate post-conviction counsel, even though raised for the first time on appeal, as the waiver doctrine did not apply under the unique circumstances at bar. The high court reversed on other grounds and remanded for further proceedings.

  • Young v. John E. Lippl

    Publication Date: 2021-04-12
    Practice Area: Legal Malpractice
    Industry: Construction | Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0400

    Parties cross-appealed verdict in favor of plaintiff in legal malpractice action arising from her action against construction company over home and court found plaintiff's former husband was not an indispensable party, there was sufficient evidence to allow jury to find defendant's legal negligence was the proximate cause of plaintiff's failure to prevail against construction company, one satisfaction rule prevented plaintiff from recovering more than once for claims centered on defective foundation construction and plaintiff was enti