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City of Pittsburgh v. Workers' Compensation Appeal Bd.

Publication Date: 2018-06-19
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0717

A firefighter who suffered from cancer was entitled to receive retroactive workers' compensation benefits where she acted promptly in ascertaining whether her condition was related to her job.
Spireas v. Commissioner of Internal Revenue

Publication Date: 2018-06-19
Practice Area: Tax
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Hardiman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0701

Taxpayer, who was found to owe of a $5.8 million tax deficiency on royalties earned under a technology license agreement, waived any argument based on a prospective transfer of rights to a patent by failing to present that argument before the tax court. The high court affirmed the tax court's decision.
Discover Bank v. Ryan

Publication Date: 2018-06-19
Practice Area: Contracts
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Berks County
Judge: Judge Sprecher
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0640

To form a contract, the acceptance of an offer must be unconditional, and a reply to an offer which purports to accept it but instead changes the terms of the offer constitutes a counteroffer and not an acceptance. The court denied defendant's emergency motion to enforce a settlement agreement.
In the Matter of Private Sale of Prop. by the Millcreek Twp. Sch. Dist.

Publication Date: 2018-06-19
Practice Area: Education Law
Industry: Education | Real Estate
Court: Supreme Court
Judge: Justice Donohue
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0714

Courts lacked statutory authority to direct the manner of sale of school district property and was merely limited to approving or disapproving private sale. Order of the commonwealth court reversed.
Commonwealth v. Smith

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0709

Deadly weapon sentencing enhancement for motor vehicle aggravated assault conviction was inapplicable where defendant lacked specific intent to strike or threaten victim with vehicle but instead was merely criminally recklessly operating the vehicle for ordinary purposes. Order of the superior court affirmed.
Commonwealth v. Leed

Publication Date: 2018-06-19
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0708

Search warrant was valid where common sense reading of supporting affidavit of probable cause led to conclusion that facially stale information was in fact a typographical or other error. Judgment of sentence affirmed.
Noll v. Mitsos

Publication Date: 2018-06-19
Practice Area: Contractual Disputes
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0648

Defendant asserted the statute of limitations barred plaintiff's action, but the court held summary judgment was not appropriate where the parties had a continuing contract and a factual dispute existed as to the date of the final payment.
Ortiz v. Saber Healthcare Group, LLC

Publication Date: 2018-06-19
Practice Area: Dispute Resolution | Wrongful Death
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0674

The court denied a motion to transfer a case to arbitration where defendants had effectively chosen the judicial forum by withdrawing their preliminary objection regarding arbitration.
UnitedHealthcare of Pa., Inc. v. Pa. Dept. of Human Services

Publication Date: 2018-06-19
Practice Area: Public Records
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0703

The proposal documents sought by petitioner, an unsuccessful bidder on a request for proposal, remained exempt from disclosure under §708(b)(26) of the Right-to-Know Law where there had been a selection of offerors but no award of contract. The appellate court affirmed.
Zimmerman v. Alexander Andrew, Inc.

Publication Date: 2018-06-19
Practice Area: Products Liability
Industry: Construction
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0698

Plaintiff's misuse of a safety harness while cutting down a tree did not serve as grounds for granting summary judgment in favor of the defendant harness manufacturer under a design defect theory because the evidence did not establish that the misuse solely caused plaintiff's accident and that an alleged design defect did not contribute. The appellate court reversed and remanded.

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