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  • In re: Estate of G. Capobianco

    Publication Date: 2018-05-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Herron
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0585

    When respondent created an irrevocable trust naming himself and two of his six siblings as beneficiaries and transferred decedent's property into the trust under his power of attorney, effectively disinheriting his other siblings, respondent breached his fiduciary duty to attempt to preserve decedent's estate plan. The court sustained objector's objections.

  • Rotkiske v. Klemm

    Publication Date: 2018-05-29
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Hardiman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0637

    District court properly held that plaintiff's FDCPA action was untimely, where plaintiff sued when he discovered a default judgment five years after it was entered, because the plain text of the statue incorporated an occurrence rule and belied plaintiff's arguments for a discovery rule. Affirmed.

  • In Re: Estate of Krasinski

    Publication Date: 2018-05-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0633

    Estate beneficiary waived challenge to private sale of estate property by failing to appeal from order affirming sale. Order of the orphans' court affirmed in part and vacated in part, case remanded.

  • Commonwealth v. Love

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0629

    Search warrant to search for any game or wildlife parts overbroad where affidavit in support of probable cause referred solely to the unreported killing of a particular deer and retention of its parts in violation of the Game and Wildlife Code. Order of the trial court reversed, judgment of sentence vacated, case remanded.

  • Williams v. Taylor

    Publication Date: 2018-05-29
    Practice Area: Land Use and Planning | Real Estate
    Industry: Mining and Resources
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0634

    The trial court correctly found that logging company was not entitled to a prescriptive easement on a lane running through landowner's land because substantial evidence supported the trial judge's findings that the lane passed through an "unenclosed woodland" and the unenclosed woodlands act barred a prescriptive easement. Affirmed.

  • S.G. v. J.M.G.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0619

    Trial court erred in finding that expert child custody evaluator had no standing to bring a contempt action asking the court to enforce its order directing mother to pay a portion of his fees because mother was ordered by the court to pay the costs and thus, the court was the proper court to adjudicate the alleged contempt of its order. Reversed.

  • Friends of Lackawanna v. Dunmore Borough Zoning Hearing Bd.

    Publication Date: 2018-05-22
    Practice Area: Administrative Law | Land Use and Planning
    Industry:
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0616

    Trial court erred in striking objectors' appeal of the zoning board's holding that objectors lacked standing to appeal the zoning officer's pre-liminary opinion approving a landfill expansion because board erred in finding that objectors lacked standing since the discernable effects on objectors' use and enjoyment of their properties were not merely aesthetic concerns and raised legitimate concerns about air quality and health. Reversed and remanded.

  • Vinson v. Fitness & Sports Clubs, LLC

    Publication Date: 2018-05-22
    Practice Area: Contracts | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0612

    Trial court properly dismissed appellant's claims against her fitness club for her slip and fall injury because her claims were barred by the exculpatory clause in the membership agreement she had signed. Affirmed.

  • Bundy v. Wetzel et al

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law
    Industry:
    Court: Supreme Court
    Judge: Justice Saylor
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0601

    Plaintiff, a prison inmate subject to Act 84 deductions from his prison account to satisfy financial obligations based on criminal convictions, asserted a viable Due Process Clause claim that he was entitled to and deprived of some form of pre-deprivation notice before any funds were taken from his account. The appellate court reversed and remanded.

  • Seda-Cog Joint Rail Auth. v. Carload Express, Inc.

    Publication Date: 2018-05-22
    Practice Area: Government
    Industry: Cargo and Shipping
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0618

    Trial court erred in granting summary judgment in favor of authority, in dispute over the award of an operating agreement. Reversed.