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  • S.S. v. K.F.

    Publication Date: 2018-06-26
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0764

    Trial court abused its discretion in ordering children to remain enrolled in a school district where neither parent lived and ordering the parties to pay the resulting tuition because neither parent requested or expected that result when mother filed a relocation petition and the trial court made little inquiry into the parties' financial situations. Vacated and remanded.

  • Shaner v. Harriman

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0763

    Trial court erred in finding appellant in contempt for having "access" to a rifle in a shed in violation of a Protect from Abuse order because there was no proof that appellant had constructive possession of the rifle or that he had a wrongful intent to violate the PFA. Vacated.

  • ATG Trust Co. v. Schlichtmann et al

    Publication Date: 2018-06-26
    Practice Area: Contracts | Legal Malpractice
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Surrick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0750

    The plaintiff client produced sufficient evidence to raise material issues of fact regarding whether the defendant attorney failed to exercise ordinary skill and knowledge while representing plaintiff's interests in a contempt proceeding. The court denied the parties' motions for summary judgment.

  • Commonwealth v. Golson

    Publication Date: 2018-06-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0749

    Defendant's designation as a sexual violent predator was unconstitutional in the wake precedent finding that such a designation constitutes a criminal punishment and that a factual finding that increases the length of his registration period must be found by a reasonable doubt by the chosen factfinder. The appellate court reversed in part defendant's judgment of sentence.

  • Courtois v. TMG Health, Inc.

    Publication Date: 2018-06-26
    Practice Area: Civil Procedure | Labor Law
    Industry: Consulting | Software
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Joyner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0760

    Balance of equities favored transfer of venue where most of defendant employer's activities occurred in proposed transfer district and as such the events giving rise to the action and most of the witnesses were located in the district. Defendant's motion to transfer venue granted.

  • Commonwealth v. Pew

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0758

    PCRA petition properly dismissed as untimely where after-discovered evidence previously available to defendant and new constitutional rule inapplicable. Order of the PCRA court affirmed.

  • Whitfield v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-06-26
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0733

    Board erred in finding that claimant had waived the right to challenge the constitutionality of the impairment rating evaluation because she was entitled to seek modification of her disability status based on the Protz decisions where she filed her petition within three years from the date of her last payment of compensation as permitted by §413(a). Vacated and remanded.

  • City of Philadelphia v. Sessions

    Publication Date: 2018-06-26
    Practice Area: Immigration Law
    Industry: Federal Government | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0755

    U.S. Attorney General enjoined from denying federal grant funds for city's purported refusal to comply with immigration-related conditions where such statutory compliance requirement ran afoul of the anticommandeering doctrine. Judgment granted to plaintiff.

  • Dickson v. Frein et al

    Publication Date: 2018-06-26
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0718

    Plaintiffs' allegations regarding the parents of an adult shooter who was allegedly a feeble-minded adult provided sufficient factual support for imposing a duty upon the parents to exercise reasonable care with respect to their son's access to their firearms. The court denied defendants' preliminary objection demurrers to plaintiffs' negligence claims.

  • Bongivengo v. City of New Castle Pension Plan Bd. et al

    Publication Date: 2018-06-26
    Practice Area: Labor Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0721

    The court resolved the conflict between the collective bargaining agreements at issue and the city ordinances regarding a participant's minimum age and years of service required consistent with the language of the city ordinances and, thus, found that petitioner, a city firefighter, had not yet reached an age at which he was entitled to full retirement benefits. The court denied petitioner's appeal.