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  • Webb-Benjamin, LLC v. Int'l Rug Group, LLC

    Publication Date: 2018-07-24
    Practice Area: Civil Procedure | Contracts
    Industry: Advertising
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0867

    Trial court erred in holding that it did not have personal jurisdiction over defendant Connecticut company in plaintiff's breach of contract action because defendant registered to do business in Pennsylvania as a foreign association, nothing in 42 Pa.C.S.A. §5301 limited jurisdiction to claims that occurred after registration and by registering, defendant consented to general personal jurisdiction. Reversed.

  • Briggs v. Southwestern Energy Production Co.

    Publication Date: 2018-04-17
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0433

    In this case of first impression, the appellate court concluded that the rule of capture does not preclude liability for trespass due to hydraulic fracturing given the distinctions between conventional gas drilling and hydraulic fracturing. The appellate court reversed an order granting defendants partial summary judgment and remanded.

  • Commonwealth v. Mangel

    Publication Date: 2018-04-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0386

    Commonwealths motion to introduce Facebook messages and posts allegedly made by defendant correctly denied where the commonwealth failed to present evidence sufficiently corroborating defendant as the owner of the account and the sender of the messages at issue. Order of the trial court affirmed.

  • 340B Management, LLC v. RX Blue Star Solutions, LLC et al

    Publication Date: 2018-01-16
    Practice Area: Contracts | Health Care Law
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0014

    The trial court properly found that plaintiffs remuneration agreement with a mail order pharmacy to solicit health care centers eligible for a federal prescription drug program based on 50 percent of net profits violated the federal Anti-Kickback Statute (AKS), at 42 U.S.C. §1320a-7b(b)(1)(B). The court affirmed an order entering judgment for defendants.

  • Golab v. Knuth

    Publication Date: 2018-01-09
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1908

    Trial court properly terminated appellants case for lack of activity under rule 1901 even though there was no local rule implementing rule 1901 at the time because the lack of a local rule did not render the court powerless, the court complied with the minimum standards for notice set out in rule 1901(c) and the trial court was not required to hold an evidentiary hearing as to appellants reasons for her delay. Affirmed.

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  • Commonwealth v. McCain

    Publication Date: 2018-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1888

    Trial court erred in imposing intermediate punishment well below mitigated sentencing range, where defendant inflicted permanent injury upon victim and had significant violent criminal history, and where trial courts justifications failed to support a lenient sentence. Judgment of sentence vacated, case remanded for resentencing.

  • Breslin v. Mountain View Nursing Home, Inc.

    Publication Date: 2017-10-17
    Practice Area: Health Care Law | Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1552

    Plaintiffs amended complaint sufficiently pled a claim of corporate negligence against the defendant nursing home where the five factors set forth Althaus v. Cohen, as applied here.

  • Good v. Frankie & Eddies Hanover Inn, LLP

    Publication Date: 2017-10-10
    Practice Area: Civil Appeals | Insurance Law
    Industry: Hospitality and Lodging | Insurance
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1539

    Trial court did not err in applying lower insurance policy limit under each occurrence limit, though not referenced by the policy, where the only reasonable interpretation was for each occurrence to mean the lower each common cause limit referenced in the policy. Order of the trial court affirmed.