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  • 1400 North Third St. Enterprises, Inc. v. City of Harrisburg, License and Tax Appeal Bd.

    Publication Date: 2017-12-26
    Practice Area: Legislation | Regulation
    Industry: Food and Beverage | Real Estate
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1842

    The trial court did not err when it held that §611 of Pennsylvanias Liquor Code preempted the City of Harrisburgs nonrenewal of a liquor license based upon alleged nuisance activity at the licensed premises. The court affirmed the trial courts order.

  • Francisville Neighborhood Dev. Corp. v. Estate of Moore

    Publication Date: 2017-12-26
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1847

    Seller of blighted property was statutorily obligated to pay a conservators fees to the petitioner for conservation, even before the petitioner was appointed conservator. Order of the trial court affirmed.

  • U.S. Bank Natl Assn v. Fagnilli

    Publication Date: 2017-12-26
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Damages
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1579

    A defendant in a mortgage foreclosure action who claimed that his name was forged on a mortgage document was required to plead the fraud claims with greater specificity. Defendant was entitled to maintain a counterclaim to enforce a personal liability in the mortgage foreclosure action. The court sustained the preliminary objections in part.

  • Krauss v. Iris USA, Inc.

    Publication Date: 2017-12-26
    Practice Area: Personal Injury | Transportation
    Industry: Distribution and Wholesale | Manufacturing | Non-Profit
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1851

    The court granted leave to plaintiffs to file a second amended complaint in their action against manufacturer, freight broker and shipper for damage to Lego baseplates during transit and for injuries to a volunteer during the unloading of the truck but also found that the Car-mack amendment preempted the claims against the shipper under the conduct theory. Motions granted.

  • Commonwealth v. Gordon

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1521

    Defendant, who was twice arrested on suspicion of driving under the influence, did not have to be advised that he had a constitutional right to refuse a blood test and there was no requirement that defendants consent to the blood draw be knowing, voluntary and intelligent, but just voluntary. The court denied defendants motion to suppress.

  • In Re: Risperdal Litig.

    Publication Date: 2017-12-26
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Panella
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1849

    Drug manufacturers entitled to statutory tort immunity under Michigans Product Liability Act, which provided immunity for any drug that had been approved by the FDA and continued to comply with that approval, regardless of whether the drug was subsequently prescribed off-label. Summary judgment affirmed.

  • Commonwealth v. Holt

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1844

    Defendant could not succeed on his ineffectiveness of counsel claim for failure to file a Rule 600 motion based upon an alleged speedy trial violation where there were more than 800 excludable and excusable delays that extended his adjusted run date well beyond his trial date. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Livingstone

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1845

    The high court concluded that an individual in defendants position, i.e., stopped in a car on the side of the road with a police car pulled up alongside her with emergency lights on, was subjected to an investigatory detention without reasonable suspicion of criminal activity, and that the public servant exception under the community caretaking doctrine did not otherwise justify the warrantless seizure. The court reversed and remanded.

  • Tenbus v. Progressive Direct Ins. Co.

    Publication Date: 2017-12-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Wayne County
    Judge: Judge Hamill
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1841

    A motor vehicle accident victim was not entitled to recover underinsured motorist benefits from her insurance company, because the other drivers liability coverage for bodily injury was in the exact amount of the previous arbitration award, so the other driver was not considered underinsured. The court sustained defendants motion for judgment on the pleadings, and dismissed the complaint with prejudice.

  • Wainberg v. Dietz & Watson, Inc.

    Publication Date: 2017-12-26
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1856

    Defendants motion to dismiss employees action for disability discrimination under the ADA and PHRA, retaliation for requesting an accommodation under the ADA and PHRA and wrongful discharge under Pennsylvania common law for filing a state workers compensa-tion claim failed because a hernia could constitute a disability, plaintiff adequately pled that it impaired major life activities, defendant knew of the disability and the timeframe between the injury and the firing supported the retaliation claims. Motion denied.