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Publication Date: 2023-08-21
Practice Area: Real Estate
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2019-07345-PL
Defendants, as owners and landlords of real property leased to a nursing home tenant, sought summary judgment in plaintiffs' action for nursing home negligence. The court granted defendants' motion, rejecting plaintiffs' argument that the "dangerous condition" that caused a patient's injuries was a condition of severe understaffing due to financial hardships imposed on the tenant under its lease agreement.
Publication Date: 2023-01-02
Practice Area: Administrative Law
Industry: State and Local Government
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2018-12580-PF
The court held that the sheriff's office should bear the costs of running a clearance check and/or transporting a firearm that was to be retrieved by the defendant. Although the parties initially disagreed as to who should bear the costs, the court reviewed the plain language of 23 Pa.C.S.§6801, finding that the sheriff's office was required to reimburse the costs of transport and/or associated administrative fees.
Publication Date: 2022-10-10
Practice Area: Corporate Entities
Industry: Advertising
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-05143-CT
Court granted defendants' request for emergency injunctive relief in case arising out of a business dispute and violations of a non-compete clause within the operating agreement. Although respondents to the request attempted to distinguish the type of work the parties did, the court did not find the argument convincing finding that defendants would likely prevail in their counterclaims.
Publication Date: 2022-10-03
Practice Area: Civil Procedure
Industry: State and Local Government
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-03084-TT
The court refused to dismiss the defendant township from this suit under Pa.R.Civ.P. 1036, i.e., dismissal upon affidavit of noninvolvement, because the rule did not apply in this personal injury case and the Township failed to cite any other Act of Assembly providing for dismissal from a motor vehicle accident case upon an affidavit of noninvolvement. The court denied a motion for reconsideration.
Publication Date: 2022-05-02
Practice Area: Evidence
Industry: State and Local Government | Technology Media and Telecom
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0374
The court held that Criminal History Records Information Act created both a confidentiality prohibition on disclosure of body cam footage and a privilege for protected materials which called for prohibiting the district attorney from disclosing the footage. Motion to quash granted.
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Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2022-01-31
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0019
The court transferred to this custody case to Bucks County, identified as the more appropriate county based on the parties' residence and other factors set forth in 23 Pa.C.S. §5427(b), as this case had languished in Chester County without resolution. The court granted father's petition to transfer venue.
Publication Date: 2021-10-11
Practice Area: Business Torts
Industry: Construction | E-Commerce | Technology Media and Telecom
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1031
The defendant company could not succeed on a trade libel/injurious falsehood counterclaim against plaintiff based on his publication of negative online reviews where the company failed to offer any witness or other evidence to support a claim of reputational loss due to those reviews. The court granted plaintiff relief on defendant's libel counterclaim.
Publication Date: 2021-10-04
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1030
Plaintiff failed to present clear and convincing evidence that he and defendant executed a prenuptial agreement. Petition denied.
Publication Date: 2021-09-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1032
Petition for medical evaluation to determine incapacity and appointment of guardian to investigate care and treatment of respondent was denied on its face since petitioner failed to allege inability to manage financial affairs and inability to meet essential requirements for physical health and safety.
Publication Date: 2021-05-31
Practice Area: Communications and Media
Industry: Technology Media and Telecom
Court: Courts of Common Pleas, Chester County
Judge: Judge Binder
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0501
Plaintiff's defamation and false light allegations were sufficient to overcome preliminary objections, even though the subject publications might be viewed as literally accurate, where the facts alleged raised a debate as to whether defendants' editorial decisions implied a falsehood. The court overruled in part defendants' preliminary objections.
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