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Barnes v. Philadelphia Historical Comm'n

Publication Date: 2018-06-26
Practice Area: Administrative Law | Evidence | Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Anders
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0730

Substantial evidence supported the finding of the city's historic commission that certain real property qualified for inclusion on the register of historic places, so the court properly dismissed the homeowner's appeal.
Clarion Brands, LLC v. Lorrens Pharmaceutical Int'l Div. Inc. et al

Publication Date: 2018-06-26
Practice Area: Trademarks
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0752

Plaintiff failed to establish, by clear and convincing evidence, that defendants and affiliated non-parties violated a consent judgment and permanent injunction enjoining them from manufacturing, promoting or selling any dietary supplement designed to enhance inner ear health. The court granted defendant's motion for summary judgment.
Commonwealth v. Perez

Publication Date: 2018-06-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0757

Commonwealth's appeal from dismissal of criminal charges quashed as interlocutory where trial court did not dismiss with prejudice and where commonwealth asserted evidence to establish prima facie case, permitting the commonwealth to refile charges. Appeal quashed.
Yencha v. Commonwealth, Dept. of Transportation

Publication Date: 2018-06-19
Practice Area: Administrative Law | Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Cannon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0705

The trial court erred in holding that the Pennsylvania Department of Transportation was required to produce direct evidence to support an arresting officer's belief that a licensee drove his vehicle while under the influence of alcohol. The appellate court reversed and reinstated the suspension of licensee's operating privileges.
Guldin v. Penn Central Corp.

Publication Date: 2018-06-19
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0669

Plaintiff was not entitled to post-judgment relief where a jury instruction properly tracked the language of a statute, and the jury relied on the testimony of defendant's expert witness regarding the cause of decedent's death.
Varner v. Swatara Twp. Bd. of Comm'rs

Publication Date: 2018-06-19
Practice Area: Election and Political Law | Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0704

Pursuant to §401 of the First Class Township Code, the Swatara Township Board of Commissioners was required to obtain judicial approval before changing from an at-large system to a by-ward system of governance. The high court affirmed the appellate court's decision.
Riverside Estates Community Ass'n v. Rivera

Publication Date: 2018-06-19
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0680

When filing its praecipe for a default judgment, defendant failed to attach a copy of the ten day notice of intent to file for a default judgment that it purportedly provided to defendant, which constituted a fatal flaw on the face of the record. The court granted defendant's motion to set aside the judgment.
Wong v. Li

Publication Date: 2018-06-19
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Carpenter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0731

Plaintiff failed to establish that the attorney for her former husband in a divorce proceeding engaged in conduct which constituted an abuse of process. The trial court properly entered a directed verdict against plaintiff.
Commonwealth v. Tejada

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0710

Criminal defendant could not forfeit right to representation through poor behavior, and as such trial court erred in failing or refusing to appoint standby counsel after ruling that defendant forfeited his rights to be present at trial and to self-representation. Judgment of sentence vacated, case remanded for retrial.
Bayview Laon Servicing, LLC v. Lindsay

Publication Date: 2018-06-19
Practice Area: Consumer Protection | Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0699

Defendant debtor was not entitled to attorney fees under §503(a) of the Loan Interest and Protection Law, or Act 6, since pleading a violation of §403(a)'s notice requirements as an affirmative defense in a residential foreclosure action neither constitutes an "action" arising under Act 6 nor transforms a foreclosure suit into such an "action." The high court affirmed an order denying defendant attorney fees.

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