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  • Morrissey v. St. Joseph's Preparatory Sch.

    Publication Date: 2024-09-13
    Practice Area: Employment Litigation
    Industry: Education
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1909 EDA 2023

    Former employee's breach of contract claims failed where employee handbook expressly stated that employment was at will; however, trial court erred in sustaining preliminary objections to defamation claim against former supervisor where his statements were capable of being proven true or false and understood to have a defamatory meaning. Judgment affirmed in part and reversed in part.

  • Spinelli v. Fallon

    Publication Date: 2024-09-13
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 892 EDA 2023

    Court erred in dismissing fiduciary action under the doctrine of lis pendens where plaintiff's separate pending objections to her guardian's accounting involved different claims and parties. Order of the trial court reversed, case remanded.

  • Commonwealth v. Macik

    Publication Date: 2024-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 529 WDA 2023

    Minimal criminal punishments for DUI-controlled substance indicated legislature's intent for offense to be absolute/strict liability instead of requiring evidence of mens rea. Judgment of sentence affirmed.

  • McNeal v. M & J Auto Repair

    Publication Date: 2024-03-15
    Practice Area: Personal Injury
    Industry: Automotive
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2507 EDA 2023

    Appellant appealed the court's order granting appellee's motion to amend the named defendant in appellee's personal injury case. The court concluded that its order should be affirmed where appellant improperly sought to pursue an interlocutory appeal, and where appellant had actively participated in the litigation, which was against a business he operated under a fictious name, long before the statute of limitations on appellee's claim expired.

  • Ford v. Cheltenham Nursing & Rehabilitation Ctr

    Publication Date: 2024-02-16
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2880 EDA 2023

    This §1925(a) opinion was submitted by the court in support of its order granting a motion for summary judgment in favor of appellee Cheltenham Nursing in a slip and fall case.

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  • Khatri v. Khatri

    Publication Date: 2024-02-16
    Practice Area: Contractual Disputes
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2567 EDA 2023

    The court's §1925(a) opinion urged the Superior Court to affirm its May 5, 2023 order denying post-trial motions in this case involving disputes over intra family loans from appellants, the parents of appellee Farzaad Katri and his wife Rosario.

  • Pennypack Woods Home Ownership Ass'n v. Lehman

    Publication Date: 2024-01-15
    Practice Area: Litigation
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1204 CD 2022

    Appellant challenged the court's order entering judgment in favor of appellee home ownership association in an eviction matter. The court concluded that even where appellant was proceeding pro se, he effectively waived all issues on appeal where ex parte letters he submitted to the court satisfied neither the procedural nor the substantive requirements of a post-trial motion or concise statement of errors complained of on appeal.

  • DeJesus-Gomez v. Torres

    Publication Date: 2023-10-30
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Lane
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1175 EDA 2023

    The court explained that it denied appellants' motion to amend to provide a name for a defendant previously identified as John Doe #1 because appellants failed to file the affidavit required by Pa.R.C.P 1033(a) and 2005(c) describing the investigation made to determine the identity of the defendant previously identified as a "Doe" including the date and manner in which the identity was determined.