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  • In re Nat'l Football League Player's Concussion Injury Litigation

    Publication Date: 2018-06-05
    Practice Area: Class Actions | Dispute Resolution
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0661

    Court permanently enjoined funding company from seeking arbitration against concussion class action member over the validity of the funding agreement between company and class member because the funding agreement violated a section of the settlement agreement and court used its power under the all writs act to prevent a collateral attack on the remedies specified in the class action settlement. Permanent injunction granted.

  • Hill v. Blackwater Engines, Inc.

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Contracts
    Industry: Automotive
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0643

    Plaintiff failed to establish that the forum selection clause he agreed to in connection with the purchase of a motor vehicle engine, requiring that all warranty disputes be litigated in Virginia, was imposed upon him by unequal bargaining power so gross as to shock the conscience. The court sustained defendant's preliminary objection.

  • Burgauer v. Mike Perrotta Contractor, LLC

    Publication Date: 2018-06-05
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0647

    Homeowners had a duty of care to inform a contractor of the existence of asbestos in their roof, but the question of whether they violated their duty was for the jury. Issues of fact also precluded summary judgment on the counterclaim for unjust enrichment, but the court struck the request for punitive damages because it was not legally sufficient.

  • Misel v. Saber Healthcare Group, LLC

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Contractual Disputes | Dispute Resolution
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0646

    Defendants were not barred from seeking to transfer a case to arbitration even though they did not raise the issue in their preliminary objections to the complaint. The court granted the motion to transfer the matter to arbitration.

  • Livers v. Nat'l Collegiate Athletic Ass'n

    Publication Date: 2018-06-05
    Practice Area: Employment Litigation
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0664

    The court addressed defendants' motions to dismiss plaintiff's action alleging that he, as a scholarship athlete in college, was an "employee" and had a minimum wage claim under the FLSA and found that plaintiff's claim was time barred, he lacked standing to bring claims against non-attended colleges and failed to establish that he was an "employee" of the college he did attend or of the NCAA. Motions granted.

  • Commonwealth v. Johnson

    Publication Date: 2018-06-05
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0659

    Trial court erroneously granted suppression of blood alcohol test results for suspect's mistaken belief about continued validity of enhanced criminal penalties for refusal to consent to blood draw and for erroneous imposition of requirement upon law enforcement to advise suspects of revised criminal procedure. Order of the trial court reversed, case remanded.

  • K.G. v. Dep't of Human Serv.

    Publication Date: 2018-06-05
    Practice Area: Family Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0662

    Mother's challenge to the secretary's order denying her request for reconsideration of department decision to dismiss her appeal of an in-dicated report of child abuse was denied because mother failed to respond to the rule to show cause or to timely petition for review of the dismissal of her appeal and neither her petition for review nor her brief addressed the validity of the secretary's decision and thus, her challenge to the validity of that decision was waived. Affirmed.

  • Straw v. Fair

    Publication Date: 2018-05-29
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0638

    Trial court erred in granting summary judgment in favor of additional defendants who worked on hood latch that failed while father was driving the car and led to a serious accident because genuine issues of material fact existed as to the actions of car inspection station, oil change center and auto parts store in rendering services to plaintiffs. Judgement vacated.

  • Commonwealth v. Dempster

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge DuBow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0635

    Appellant's challenge to the sentence imposed after she stipulated to probation violations failed because she failed to raise an objection to the sentence at her VOP sentencing hearing, did not file a timely post-sentence motion or motion to reconsider the sentence and waived her challenge to the discretionary aspects of her sentence. Sentence affirmed.

  • Thompson v. Thompson

    Publication Date: 2018-05-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0582

    The trial court erred in incorporating stipulations between plaintiff and domestic relations office over the arrears in her child support into its order because the agreement imposed an illegal indefinitely suspended sentence and trial court also erred in failing to grant in forma pauperis status. Reversed and vacated.