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  • Hornberger v. Dave Gutelius Excavating, Inc.

    Publication Date: 2018-01-16
    Practice Area: Corporate Entities
    Industry: Construction
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0021

    Shareholders agreements inclusion of mandatory adjustments to valuation of employee share redemption price did not preclude application of accounting industry standard adjustments and discounts. Judgment affirmed.

  • Skotnicki v. Ins. Dept

    Publication Date: 2018-01-16
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0029

    Commonwealth court correctly refused to apply collateral estoppel when appellant argued that consumer services investigative report, issued in response to his appeal of the nonrenewal of his insurance policy, barred insurer from relitigating whether it violated Act 205 in cancelling his insurance because the regulations which implemented Act 205 determined that the matter was not finally adjudicated on its merits until the commissioner entered an order. Affirmed.

  • Metro Treatment of PA, LP v. Zoning Hearing Bd. of Twp. of Shenango

    Publication Date: 2018-01-16
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0005

    A township zoning hearing board did not err in denying an applicants request for a special exception to use land located in a C-2 zoning district to construct a clinic as a comparable use not specifically listed given that a clinic was specifically listed in the subject ordinance. The court dismissed the applicants appeal.

  • Commonwealth v. Shaffer

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0017

    Where the defendant freely granted a computer technician access to his computer, he knowingly exposed the contents of his computer to the public and, thus, lost any reasonable expectation of privacy in those contents. The appellate court affirmed defendants judgment of sentence.

  • Christian H. Buhl Legacy Trust v. McAdams

    Publication Date: 2018-01-16
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0011

    The court overruled preliminary objections based on the effectiveness of service and the statute of limitations in this action involving the renewal of a default judgment, because defendant was properly served and plaintiffs failure to timely file its writ of revival affected its priority but not the validity of its lien.

  • Killinger v. State Employees Ret. Bd.

    Publication Date: 2018-01-16
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0019

    Retirees execution and submission of retirement annuity option change and beneficiary designation was sufficient to effect such change in annuity and beneficiary, even though retirement system administrator did not receive retirees documents until after his death. Order of the State Employees Retirement Board reversed.

  • Hilliard v. Panezich

    Publication Date: 2018-01-16
    Practice Area: Damages | Motor Vehicle Torts
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0012

    Defendant in motor vehicle accident case was not entitled to summary judgment on the issue of punitive damages where the evidence indicated he was driving under the influence of intoxicants, had a pattern of driving while intoxicated in the past, and was distracted by his cell phone.

  • In Re: Appeal of Bell

    Publication Date: 2018-01-16
    Practice Area: Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0022

    City had just cause to pass over applicant for firefighter position for failure to comply with residency requirement, where applicant failed to produce evidence that he resided within city limits at least one year prior to his application. Order of the City of Pittsburgh Civil Service Commission affirmed.

  • Keeler v. Wells Fargo Bank, N.A.

    Publication Date: 2018-01-16
    Practice Area: Banking and Finance Laws | Civil Procedure | Commercial Law
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas
    Judge: Judge Rennie
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0003

    In the absence of a Uniform Commercial Code definition of when a claim arising from a fraudulently cashed check accrues or any Delaware case law on point, the court adopted one of three approaches and concluded that the statute of limitations begins to accrue when negotiable instruments are negotiated, i.e., when the victims account is debited. The court granted defendants motion for summary judgment.

  • 340B Management, LLC v. RX Blue Star Solutions, LLC et al

    Publication Date: 2018-01-16
    Practice Area: Contracts | Health Care Law
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0014

    The trial court properly found that plaintiffs remuneration agreement with a mail order pharmacy to solicit health care centers eligible for a federal prescription drug program based on 50 percent of net profits violated the federal Anti-Kickback Statute (AKS), at 42 U.S.C. §1320a-7b(b)(1)(B). The court affirmed an order entering judgment for defendants.