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  • Navarra v. Navarra

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0748

    Defendant was properly served, and she was not entitled to have a judgment stricken or opened, because she delayed in seeking relief.

  • Commonwealth v. Rouse

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0792

    Void-for-vagueness due process challenge could be raised in a habeas corpus petition and was not an illegal sentence challenge cognizable under the PCRA, but failure to raise the claim at or after sentence rendered it waived. Order of the trial court affirmed.

  • Commonwealth v. Koonce

    Publication Date: 2018-07-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0790

    Motion to produce confidential information was properly denied where defendant failed to establish materiality of potential testimony by presenting no evidence that defendant was purportedly "framed" or how the CI's testimony would support that claim. Judgment of sentence affirmed.

  • Barnhill v. Storm et al

    Publication Date: 2018-07-03
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Massiah-Jackson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0738

    Plaintiff was not required to prove that the defendant hospital knew its procedures were being violated or were inadequate to succeed on a corporate negligence claims, as Pennsylvania precedent holds that neither systematic nor actual knowledge is mandatory in such a case. The court denied defendant's motion for summary judgment.

  • Caltagirone v. Cephalon, Inc. et al

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0784

    The trial court did not err in finding that plaintiff's wrongful death and survival claims, premised upon alleged violations of the Federal Food, Drug and Cosmetic Act and its implementing regulations, were preempted by the federal system of regulating and enforcement by the U.S. Food and Drug Administration. The appellate court affirmed the trial court's order.

  • Vegari v. Mazura-Aherns

    Publication Date: 2018-07-03
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0743

    Plaintiff's complaint adequately stated a cause of action for breach of contract. Defendant did not identify any scandalous or impertinent matter contained in the complaint, so the court denied the preliminary objections.

  • Ridge Top Village Owners Ass'n v. Bodner

    Publication Date: 2018-07-03
    Practice Area: Civil Procedure
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0741

    Defendants' status as pro se litigants did not excuse their failure to respond to requests for admissions and produce evidence in response to plaintiff's motion for summary judgment, which raised any genuine issues of material fact regarding defendants' admitted obligation to pay homeowners' assessments. The court granted plaintiff's motion for summary judgment.

  • Commonwealth v. Gad

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0787

    Prior bad acts were evidence to prove absence of accident or mistake and to tell "the complete story" to explain why the victim was unavailable as a witness at trial. Judgment of sentence affirmed.

  • Young v. Bd. of Probation and Parole

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0793

    Parole board erred in revoking petitioner's sentence credit previously awarded in his prior recommitment as a convicted parole violator because the statute required the board to decide whether to award or deny credit for street time upon a parolee's recommitment as a convicted parole violator and once the board granted sentence credit for street time, it was gone. Reversed.

  • Neopart Transit, LLC v. CBM N.A.

    Publication Date: 2018-07-03
    Practice Area: Trade Secrets
    Industry: Distribution and Wholesale
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0798

    Defendants former employee and competitor company were entitled to dismissal of plaintiff's claim for interference with prospective con-tractual relation because plaintiff failed to identify any specific, non-speculative prospective contract that was allegedly interfered with in its complaint asserting employee took confidential and proprietary information when he went to work for competitor but the gist of the action doctrine did not bar the breach of fiduciary duty claim and plaintiff was entitled to jurisdictional discovery on its