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  • In Re: Trust Created Under the Will of Cohen

    Publication Date: 2018-06-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0690

    Orphans' court properly applied cy pres doctrine to affirm successor to trust beneficiary, where successor charity fulfilled testator's intent to provide for physical well-being of community by bequeathing to non-profit hospital so long as it served community health. Order of the orphans' court affirmed.

  • Gardner v. Mia Prods. Co.

    Publication Date: 2018-06-12
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0689

    Grant of summary judgment in favor of company dismissing negligence claim as barred under borrowed employee doctrine premature due to outstanding issues of material fact concerning worker control. Summary judgment reversed, case remanded.

  • Bidwell v. Bidwell

    Publication Date: 2018-06-12
    Practice Area: Civil Procedure | Family Law
    Industry: Legal Services
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Sibum
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0672

    Pennsylvania Rule of Professional Conduct 1.11(c) did not disqualify wife's attorney in this divorce action, though counsel was involved in the prosecution of the defendant husband during her prior work for a district attorney's office, because the two matters were not substantially similar. The court denied defendant's motion to disqualify plaintiff's attorney.

  • Chimenti v. Wetzel

    Publication Date: 2018-06-12
    Practice Area: Civil Rights
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Padova
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0684

    Class certification granted where several named plaintiffs had exhausted their administrative remedies, permitting the class claims to go through via the doctrine of vicarious exhaustion. Plaintiffs' motion for class certification granted.

  • Commonwealth v. Kane

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0685

    Quashal was properly denied where special prosecutor specifically authorized to utilize grand jury and to issue a presentment for perjury and related charges. Judgment of sentence affirmed.

  • Commonwealth v. Jeffrey

    Publication Date: 2018-06-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0677

    The court refused to quash firearms charges against a defendant who had been convicted of impersonating a police officer in another state, because defendant failed to demonstrate that both his gun rights and his civil rights had been restored.

  • Estate of Hicks v. Roberts

    Publication Date: 2018-06-12
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Sibum
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0679

    The Dram Shop Act was a limiting statute, which barred plaintiffs from pursuing other negligence claims. Plaintiffs' complaint adequately alleged that defendant's employees served liquor to an individual who was visibly intoxicated, so the court overruled those preliminary objections.

  • Ferguson v. Ghigiarelli et al

    Publication Date: 2018-06-05
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0641

    The report of defendants' addiction expert was inadmissible to the extent it sought to establish that plaintiff consumed alcohol daily around the time of his fall since the record did not contain an adequate basis in fact for the expert's proffered opinions. The court granted plaintiff's motion in limine in part.

  • In Re: County of Carbon Tax Claim

    Publication Date: 2018-06-05
    Practice Area: Government | Tax
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0656

    The trial court erred in holding that once two school districts elected to opt out of the Carbon County Tax Claim Bureau's collection services under the Real Estate Tax Sale Law, the Bureau was not authorized to act as the districts' agent for tax collection purposes and, thus, the districts' property tax claims had a fourth priority status. The court reversed and remanded.

  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0649

    In this criminal proceeding against a fraternity for the hazing death of a pledge, the court concluded that defendant's statements of error regarding its right to present a defense were without merit.