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  • In the Interest of: N.M., a minor

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0605

    Orders denying kinship care and involuntarily terminated parental rights reversed where parents complied with service plan goals and where there was no record evidence to find that kinship care would place child at risk, but was instead motivated by trial court's desire to have parents admit to child abuse rather than proper purpose of maintaining family unity. Orders of the trial court reversed, case remanded.

  • Kerr v. Commonwealth

    Publication Date: 2018-05-22
    Practice Area: Civil Procedure | Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0613

    Petitioner's exceptions were overruled in his appeal of the denial of his petition as untimely filed because, despite having been advised of his appeal rights by October 22, 2009 at the latest, petitioner waited one and one-half years before filing his petition and he provided no explanation for the delay other than an alleged non-receipt of the notice, which was belied by the undisputed facts. Exceptions overruled.

  • Hoffman v. Gongaware

    Publication Date: 2018-05-22
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0610

    Trial court erred in dismissing conversion and unjust enrichment complaint stemming from removal of timber where evidence suggested plaintiffs reserved for themselves a real property interest in the timber. Order of the trial court reversed, case remanded.

  • Gintoff v. Thomas et al

    Publication Date: 2018-05-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0589

    Plaintiffs' medical expert report, which only addressed the care provided by the defendant physician, lacked sufficient expert opinion to establish a prima facie claim for vicarious liability or corporate negligence on the part of the defendant hospital. The court granted the defendant hospital's motion for summary judgment.

  • In the Interest of A.W.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0611

    Juvenile court authorized to grant legal custody to DHS and empower it to make routine medical decisions on behalf of children in its custody, even over the objections of a child's parent, guardian, or custodian. Order of the juvenile court affirmed.

  • Yog v. Ultracon, Inc. et al

    Publication Date: 2018-05-22
    Practice Area: Business Torts | Damages | Environmental Law
    Industry: Energy
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0591

    The Underground Storage Indemnification Fund, a statutorily mandated fund in which all owners of active underground storage tanks must participate and which provides coverage to clean up tank releases, is comparable to insurance and covered by the collateral source rule. The court overruled defendants' collateral source rule preliminary objection.

  • Grant Heilman Photography, Inc. v. McGraw-Hill Global Ed. Holdings, LLC

    Publication Date: 2018-05-22
    Practice Area: Copyrights
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0609

    Plaintiff's counsel disqualified where it had retained defendant's former employee to disclose confidential and proprietary information she had obtained in her employment with defendant. Defendant's motion to dismiss plaintiff's counsel granted.

  • Commonwealth v. Robertson

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0607

    Defendant's consent to blood draw was voluntary where she was not advised that she would be subject to criminal penalties for refusal, and where totality of circumstances indicated that defendant understood her rights to refuse a blood draw and was not under coercion or duress. Orders of the trial court reversed, case remanded.

  • Cook v. Cook

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0608

    Denial of permanent alimony properly denied where wife filed incredible monthly budget that exceeded her monthly income and husband credibly testified as to the parties' standard of living during the marriage. Order of the trial court affirmed in part and denied in part.

  • Commonwealth v. Miller

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0606

    Defendant's subjective belief that he would be subject to criminal penalties for refusing a warrantless blood draw could not render his consent involuntary. Order of the trial court reversed, case remanded.