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  • Hughes v. Pennsylvania Bd. of Prob. and Parole

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0222

    Parole board correctly added remainder of original sentence, restarting from date of offenders return to the boards custody, following the offenders violation of parole. Order of the Board of Probation and Parole affirmed; counsels application to withdraw granted.

  • SBA Towers IX, LLC v. Unity Township Zoning Hearing Board

    Publication Date: 2018-03-06
    Practice Area: Land Use and Planning | Real Estate
    Industry: Technology Media and Telecom
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0227

    Trial court erred in reversing zoning hearing boards denial of a special exception to put up a 150-foot wireless communications tower because tower company failed to show that it was licensed by the FCC to operate the towers. Reversed.

  • Bruno v. Castor Ave. Market, LLC

    Publication Date: 2018-03-06
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Massiah-Jackson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0189

    A jury verdict in favor of plaintiff, which represented a middle ground between the economic ranges proffered by the parties experts, did not shock the courts sense of justice or represent a plainly excessive or exorbitant award to plaintiff, who could not work as a cosmetologist as she had planned. The court denied defendants motion for remittitur.

  • Cagey v. Commonwealth, Dept. of Transportation

    Publication Date: 2018-03-06
    Practice Area: Government
    Industry: Real Estate | State and Local Government | Transportation
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0214

    PennDOT was not immune from suit in this case, as plaintiffs allegations that PennDOT created a dangerous condition by negligently designing and installing a dangerous guardrail fit squarely within the Sovereign Immunity Acts real estate exception. The court reversed the intermediate court and remanded.

  • Weaver v. Commonwealth

    Publication Date: 2018-03-06
    Practice Area: Administrative Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0232

    Trial court erred as a matter of law in sustaining drivers appeal of the three month suspension of his operating privileges for violating §1786(f), operating a vehicle without the required financial responsibility, because driver pled guilty to violating §1786(f) and admitted that he did not obtain insurance until 17 minutes after the traffic stop was initiated. Reversed.

  • The Delaware Riverkeeper Network v. Sunoco Pipeline L.P.

    Publication Date: 2018-03-06
    Practice Area: Energy and Natural Resources | Land Use and Planning | Public Utilities
    Industry: Energy
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0229

    The trial court properly found that township lacked authority to zone out a public utility pipeline service or facility regulated by the PUC based on field preemption and conflict preemption, statutory analysis showed the general assembly intended the PUC to be preeminent in regulation of public utilities and plaintiffs arguments based on the townships constitutional duties under the ERA were not persuasive. Affirmed.

  • Commonwealth v. Porambo

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Serfass
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0190

    The evidence at trial was sufficient to find defendant guilty of driving too slow for conditions in violation of 75 Pa.C.S. §3364(a) where the arresting officer observed defendant cause a traffic jam due to her slow driving and credibly disputed defendants claim that another vehicle caused her to drive too slowly. The court denied defendants motion for judgment of acquittal.

  • Commonwealth v. Fulton

    Publication Date: 2018-03-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0217

    Police violated defendants constitutional rights when they searched his cell phone for information in a criminal investigation without a warrant. The court reversed the intermediate appellate court and remanded.

  • Commonwealth v. Lacoste

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Adams County
    Judge: Judge Campbell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0192

    On a criminal defendants pre-trial motions, the court ruled that: 1) defendant was entitled to have defense subpoenas sealed until the time of trial; 2) defendant could confront the commonwealths witness regarding his parole status; and 3) defendant could introduce evidence regarding decedents prior bad acts.

  • Medinski v. Prociuk

    Publication Date: 2018-03-06
    Practice Area: Corporate Governance
    Industry:
    Court: Courts of Common Pleas, Carbon County
    Judge: Judge Matika
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0193

    The court granted defendants motion for judgment on the pleadings regarding plaintiffs breach of fiduciary duty and accounting claims, because plaintiffs failed to timely file a responsive pleading to the factual allegations contained in defendants answer and new matter.