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In re: Estate of Small

Publication Date: 2018-07-03
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Overton
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0737

While decedent was a paraplegic restricted to a wheelchair at the time of his death, the evidence established that he was able to care for himself and, thus, he was not a dependent child for purposes of the estate forfeiture statute applicable to non-supporting parents. The court recommended affirmance of the denial of a petition for forfeiture of father's share of his adult child's estate.
In the Interest of T.J.J.M.

Publication Date: 2018-07-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Ott
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0795

Trial court abused its discretion in changing child's placement goal to adoption and in involuntarily terminating father's parental rights because the goal change occurred when child had been in placement less than the statutory 15-22 months and omitted any findings as to father's compliance and testimony demonstrated that the causes of father's parental incapacity could be removed. Vacated and remanded.
Laborde v. Mount Airy Casino

Publication Date: 2018-07-03
Practice Area: Civil Rights | Employment Litigation
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mariani
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0796

Court granted employer's motion to dismiss plaintiff's disability discrimination claims because plaintiff failed to establish a prima facie case of discrimination but denied summary judgment as to plaintiff's FMLA retaliation claim. Motion granted in part and denied in part.
Commonwealth v. Goodmond

Publication Date: 2018-07-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0786

PCRA petition alleging ineffective assistance of counsel was dismissed where defendant failed to establish that trial counsel was or should have been aware of evidence counsel allegedly failed to investigate. Order of the trial court affirmed.
Western Pennsylvania Annual Conference of the United Methodist Church v. City of Pittsburgh

Publication Date: 2018-07-03
Practice Area: Land Use and Planning
Industry: Non-Profit | State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0800

Trial court properly vacated a structure's historic designation because city council never voted on the issue and the code required the af-firmative vote of six members of city council if the structure's owner objected to the designation, which in this case it did, and city's assertion that the "deemed approval" provision prevailed as the more recently enacted provision failed because both provisions were enacted in the same ordinance. Affirmed.
Tong-Summerford v. Abingdon Memorial Hosp. and Radiology Group of Abington, P.C.

Publication Date: 2018-07-03
Practice Area: Medical Malpractice | Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0799

Trial court properly found radiologist and hospital liable for death of an elderly patient, where a feeding tube was improperly inserted and the X-ray that checked the placement of the tube took an image of the incorrect part of his body and was misread by the radiologist, because plaintiff's expert's testimony did not exceed the scope of his report, the corporate negligence claim was not against the weight of the evidence and the damages award was not excessive. Affirmed.
In re Pelvic Mesh Litig.

Publication Date: 2018-06-26
Practice Area: Civil Procedure | Mass Torts | Products Liability
Industry: Biotechnology
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge New
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0728

In this pelvic mesh litigation, the court had personal jurisdiction over cases involving non-Pennsylvania plaintiffs whose devices were made with mesh produced by a Pennsylvania company. The court's exercise of specific personal jurisdiction comported with due process requirements.
Estate of Torres Lopez v. Allegheny Valley School

Publication Date: 2018-06-26
Practice Area: Discovery | Wrongful Death
Industry: Education
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Rau
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0724

The trial court requested that the appellate court remand this discovery matter for an evidentiary hearing to address whether the requested documents were protected under the peer review privilege.
Commonwealth v. Curley et al

Publication Date: 2018-06-26
Practice Area: Civil Procedure | Discovery | Public Records
Industry: Technology Media and Telecom
Court: Superior Court
Judge: Judge Ransom
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0753

The attorney-client privilege did not bar the court from unsealing certain documents and testimony defendants' counsel gave before a grand jury where the information had already been disseminated to the public and, thus, could not be resealed. The appellate court reversed in part and remanded for certain records to be unsealed.
Hoffman-Scaringi v. Pocono Cardiology Assoc.'s P.C. et al

Publication Date: 2018-06-26
Practice Area: Employment Litigation
Industry: Health Care
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0719

The denial of plaintiff's claim for unemployment benefits was not determinative of her status as either an employee or independent contractor where the denial was due to her failure to meet wage requirements during a specific period and failure to file a timely appeal. The court denied defendants' motion for judgment on the pleadings.

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