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Publication Date: 2023-07-10
Practice Area: Tax
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD22-12556
Defendant county board of property assessment, appeals and review appealed the court's order granting plaintiffs' motion for judgment on the pleadings and directing it to apply a particular common level ratio in the plaintiffs' 2022 real estate tax assessment appeal. The court concluded its order should be affirmed.
Publication Date: 2023-06-05
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD21-3444
The judge found no errors in his previous rulings, denied the motions and appeals, and affirmed the decisions made during the proceedings. The property was approved for sale to the intervenor, and the conservatorship process moved forward.
Publication Date: 2023-04-24
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD22-016257 BV21-894
The court determined that they made no error in modifying their previous order to reflect the positions of the parties when they had erroneously based a previous order on appellees' mistaken belief regarding a consent decree.
Publication Date: 2023-03-13
Practice Area: Real Estate
Industry: Financial Services and Banking | Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD20-11000
Court terminated conservatorship for property where there was a pending foreclosure that precluded the appointment of a conservator and where the conservator had failed to discharge their duties. Intervenor's motion to terminate conservator granted.
Publication Date: 2023-01-23
Practice Area: Education Law
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: SA 22-0129
The court found for plaintiff parents in a local agency law matter involving an educational dispute. Although defendant school district argued that the student was not entitled to receive a free education because he did not reside in the district's geographic boundaries, the court found that defendant had merely made inferences that the student was residing with his mother outside of the boundaries, rather than spending equal amounts of time with both parents as discussed in 22 Pa.Code §11.11(a).
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Publication Date: 2023-01-09
Practice Area: Evidence
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD 16-5861
The court admitted into evidence a study on incidents involving the type of mat at issue in plaintiff's accident as the study was offered to rebut defendant's argument that plaintiff's accident was an isolated incident and that the mats did not pose any danger to customers. The court recommended affirmance.
Publication Date: 2022-12-26
Practice Area: Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 1076 CD 2022
The court denied petitioner's request to vacate an arbitrator's award finding that under the terms of the Collective Bargaining Agreement, the Union was not obligated to continue to provide health insurance to a surviving spouse where the coverage was deemed a choice of "last resort." The court noted that they must give "extreme deference" to an arbitrator's award and found the arbitrator's award to be reasonable and free from clear errors.
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.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 719 CD 2022
Court affirmed decision granting plaintiff landowner's request for a board of reviewers to be appointed to oversee the Pennsylvania Department of Transportation's demolition of a pedestrian bridge which effectively landlocked plaintiff. Although defendants argued they were using their police powers when demolishing the bridge, the court disagreed, finding defendant's actions under the circumstances were unreasonable.
Publication Date: 2022-10-24
Practice Area: Wrongful Death
Industry:
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: GD 22-2730 772 WDA 2022
Court issued an opinion supporting its order which denied defendant's motion for stay of proceedings as well as for relief from judgment by default. Although defendant argued the court failed to properly apply the balancing test under Keesee v. Dougherty, the court ultimately went through each of the factors, finding that they weighed in favor of denying the motion and that the court committed no error. 230 A. 3d 1128 (Pa. Super 2020).
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