Filter This View

  • Crown Castle NG E. LLC v. Pennsylvania Pub. Utility Comm'n

    Publication Date: 2018-06-26
    Practice Area: Public Utilities
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0754

    Public Utility Commission erred in reversing its historical interpretation of distributed antenna networks as public utilities, where exception to commission's jurisdiction only extended to cellular mobile radio services but not to entities that facilitated that service. Order of the Public Utility Commission reversed.

  • State Farm Automobile Ins. Co. v. Dooner

    Publication Date: 2018-06-26
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0765

    Trial court properly granted summary judgment in favor of passenger's automobile insurer where passenger grabbed steering wheel from driver and caused the car to wreck because passenger's act of grabbing the steering wheel did not constitute possession of the vehicle and if it did, the possession was not lawful. Affirmed.

  • McIlmail v. Archdiocese of Philadelphia

    Publication Date: 2018-06-26
    Practice Area: Discovery
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0735

    Discovery master properly ruled that the statements of facts from witnesses elicited by a private investigator hired by defense counsel were discoverable under rule 4003.3 because the investigator was a "representative of a party" and was not covered by the attorney work product privilege. Affirmed.

  • Commonwealth v. Hewlett

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0756

    Testimony that defendant adopted a fighting stance, threw punches, and tossed a police officer near a glass table sufficient evidence to support conviction for aggravated assault of a police officer. Judgment of sentence affirmed.

  • Halloran v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-06-26
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0761

    Board properly held that bus driver committed willful misconduct and was not eligible for unemployment benefits when he violated a work rule by ceasing to use a detour on his route because his claim of permission to change the route was not supported by the evidence and he was aware of the work rule that prohibited deviations from assigned routes. Affirmed.

  • Swank v. Wal-Mart Stores, Inc.

    Publication Date: 2018-06-26
    Practice Area: Class Actions | Wage and Hour Litigation
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0766

    Plaintiffs' motion for class certification under rule 23 was denied because individual questions predominated and plaintiffs also failed to meet the "more searching standard" for conditional certification under 29 U.S.C. §216(b) in their complaint asserting they were improperly classified as exempt employees under the FLSA and the PMWA. Motion denied.

  • Milby v. Pote

    Publication Date: 2018-06-26
    Practice Area: Contracts | Landlord Tenant Law | Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0762

    Trial court erred in finding that trust lacked standing and that the MHCRA did not apply to its claims against mobile home park owners but the errors were harmless because trust failed to prove its claims in its civil action against owners and owners were entitled to eviction since trust failed to sign the new lease, pay the rent due or comply with park rules. Affirmed.

  • Commonwealth v. Weber

    Publication Date: 2018-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0759

    Trial court erred in precluding evidence of statutory personal safety defense to eluding charges by analyzing weight or credibility of defendant's prima facie evidence. Judgment of sentence vacated, case remanded for new trial.

  • Easy Properties, LLC v. Strategy Restaurant and Catering Serv., Inc.

    Publication Date: 2018-06-26
    Practice Area: Contracts | Real Estate
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Sarmina
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0722

    A buyer had the capacity to sue on two real estate contracts even though those sale agreements contained the incorrect names of the parties. The court concluded the buyer was entitled to specific performance as the result of the seller's failure to convey clear title.

  • Mallory v. Norfolk S. Railway

    Publication Date: 2018-06-26
    Practice Area: Civil Procedure | Occupational Safety and Health
    Industry: Cargo and Shipping
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0732

    State law requiring foreign corporations to consent to general jurisdiction before being allowed to do business in Pennsylvania violated the due process clause. The court dismissed a complaint against a defendant where the only basis for personal jurisdiction was its registration to do business in Pennsylvania.