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Pocono Mountain Sch. Dist. v. Pocono Mountain Educ. Support Professionals Assn.

Publication Date: 2018-05-15
Practice Area: Dispute Resolution | Labor Law
Industry: Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0520

Grievants employer, a Pennsylvania school district, failed to establish that an arbitrators findings regarding grievants cell phone use while operating a school bus were patently false and impossible and that an arbitration award overturning her termination should be vacated. The court denied a motion to set aside the arbitration award.
Washington-Morris v. Bucks Cnty. Transp., Inc.

Publication Date: 2018-05-15
Practice Area: Civil Rights | Labor Law
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0567

Race and disability discrimination claims timely where discrete events occurred within 300 days of EEOC complaint that asserted such discrimination from which plaintiff timely filed suit. Partial motion to dismiss granted in part and denied in part.
Hughes v. Wilkes-Barre Hospital Co. et al

Publication Date: 2018-05-15
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0519

Plaintiffs were entitled to a spoliation sanction against the defendant health care professionals in the form of an adverse inference jury instruction due to a defendant physicians seemingly inexplicable failure to obtain an umbilical cord blood gas sample under circumstances that warranted such testing. The court granted in part and denied in part plaintiffs motion in limine.
P.J.P. v. M.M.

Publication Date: 2018-05-15
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0568

Petition to modify custody properly denied where court found maintenance of mothers primary physical custody warranted where she fostered the childs relationship with father and where the parties had a high-conflict relationship that would make shared physical custody untenable. Order of the trial court affirmed.
I.M. Wilson, Inc. v. The Hill Family Corp.

Publication Date: 2018-05-15
Practice Area: Business Torts | Civil Procedure
Industry: Distribution and Wholesale
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Djerassi
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0524

Dismissal for lack of subject matter jurisdiction was appropriate where plaintiff failed to show that service by mail on a foreign corporation was made on an authorized agent.
Sommers v. UPMC

Publication Date: 2018-05-15
Practice Area: Class Actions | Labor Law
Industry: Health Care
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0572

Partial decertification of wage law class erroneous where employers failure to make partial payment to former employees within original class did not constitute later evidentiary development. Order of the trial court reversed.
Commonwealth v. Markum

Publication Date: 2018-05-15
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0566

In this case of first impression, the appellate court concluded that immunity under the Drug Overdose Response Act is not a defense and is nonwaivable and that the act served to bar this prosecution against defendant, who was found unresponsive in a hotel. The appellate court vacated defendants judgment of sentence.
Baumgardner v. Accor Leisure

Publication Date: 2018-05-15
Practice Area: Civil Procedure | Personal Injury
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Foglietta
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0526

The trial court properly denied plaintiffs post-trial motions because they were untimely, and the court did not abuse its discretion in precluding plaintiff from offering certain evidence of past conduct.
Pasceri v. Karp

Publication Date: 2018-05-15
Practice Area: Contracts | Wage and Hour Litigation
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0522

A plaintiff was not entitled to supplemental attorney fees under the Wage Payment and Collection Law while the underlying judgment was still on appeal. The court denied the additional attorney fee request, without prejudice.
Wright v. Residence Inn by Marriott, LLC

Publication Date: 2018-05-15
Practice Area: Expert Witnesses | Premises Liability
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Robinson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0527

The trial court properly granted a motion in limine precluding testimony by plaintiffs expert witness, and plaintiff failed to demonstrate any prejudice as the result of that ruling.

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