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  • Free Speech Coalition, Inc. v. Sessions

    Publication Date: 2018-06-05
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0654

    The government failed to demonstrate that the statutory scheme imposing the same requirements on secondary producers of sexually explicit content as those imposed on the producers of such content was the least restrictive means of protecting child from child pornographers and, thus, failed strict scrutiny as applied to secondary producers such as plaintiffs. The court granted plaintiffs relief in part.

  • Ridge Top Village Owners Ass'n v. Rosol et al

    Publication Date: 2018-06-05
    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: 18-0644

    Defendants chose to proceed pro se at their peril, and their unexcused failure to respond to a request for admissions constituted an admission of the facts set forth therein, establishing all the facts necessary to grant summary judgment in favor of the plaintiff. The court granted plaintiff's motion for summary judgment.

  • Kush v. Workers' Compensation Appeal Bd.

    Publication Date: 2018-06-05
    Practice Area: Employment Litigation
    Industry: Construction
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0663

    Board properly found that claimant had a fixed place of work at the time of the automobile accident that injured him, that his employment agreement with employer did not contain provisions for travel, there was no evidence that employer provide or controlled the means of claimant's commute and no exception to the "going and coming" rule applied. Affirmed.

  • Bless v. Pocono Mountain Recovery Center, LLC

    Publication Date: 2018-06-05
    Practice Area: Premises Liability
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0645

    In this slip-and-fall case involving an icy road, the court granted defendants' motion for summary judgment based on the hills and ridges doctrine, because the record contained evidence of a recent snowfall which caused slippery conditions.

  • Commonwealth v. Moser

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0660

    Trial court erred in granting suppression pursuant to Birchfield v. North Dakota where voluntary consent obtained prior to suspect being read implied consent form warning of enhanced criminal penalties for refusal of consent to a blood draw. Order of the trial court reversed, case remanded.

  • Given v. Loves travel Stops & Ctry. Stores Inc.

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Wage and Hour Litigation
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Conner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0655

    The dismissal of a particular plaintiff's claims as a sanction for discovery violations was an appropriate sanction given the individual's history of dilatoriness and his failure to maintain communications with counsel while serving in the military such that he did not appear for his own deposition, resulting in prejudice to defendant. The court granted defendant's motion for sanctions against a specific plaintiff.

  • Menkes v. 3M Co.

    Publication Date: 2018-06-05
    Practice Area: Personal Injury | Products Liability
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Tucker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0665

    Defendants moved to dismiss plaintiffs' action for negligence, failure to warn, design defect, medical monitoring and property-related and punitive damages after plaintiff discovered his bladder cancer was the result of groundwater contamination by the perfluorochemicals in de-fendants' aqueous film forming foam used for firefighting on a Navy base and the court found that plaintiffs sufficiently pled defendants owed a duty to them, proximate cause and products liability based on common law negligence but not the property-related dama

  • Fowler v. City of Bethlehem Zoning Hearing Bd.

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Land Use and Planning
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0653

    Neither res judicata nor collateral estoppel barred the applicant's most recent request for a zoning special exception because applicant proceeded under different theories and sought different relief from that it sought in two prior zoning applications. The appellate court reversed on other grounds.

  • Commonwealth v. Gooseby-Byrd

    Publication Date: 2018-06-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0658

    DUI conviction affirmed where testimony that defendant did not operate the vehicle found not credible by trial court sitting as finder of fact. Judgment of sentence affirmed.

  • Commonwealth v. Baney

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0657

    Trial court was not obligated to resentence after vacating "restitution" that was in fact an order to pay costs of prosecution. Order of the trial court affirmed.