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  • City of Philadelphia v. Sessions

    Publication Date: 2018-05-08
    Practice Area: Evidence
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0533

    Pursuant to Fed. R. Evid. 201, the court was permitted to take judicial notice of executive orders issued by U.S President Donald Trump and public statements by both President Trump and the U.S. Attorney regarding their efforts to withhold federal funding from sanctuary cities such as the City of Philadelphia. The court rendered an evidentiary ruling, taking judicial notice of the proffered statements.

  • In Re: Este of Lillian Powell

    Publication Date: 2018-05-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Carrafiello
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0489

    Decedents daughter had probable cause to file this will contest where decedent abruptly changed her estate documents and substituted the agent under her existing a power of attorney during a period in which she suffered from several serious ailments, including paranoia caused by strokes. The court recommended affirmance of its order denying appellants motion to enforce a forfeiture clause.

  • Citimortgage Inc. v. Comini

    Publication Date: 2018-05-08
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0532

    Addressing an issue of first impression, the appellate court held that the intervening parties right of first refusal did not survive a foreclosure action since it was not a covenant that ran with the land and bound everyone in the future to the same contract. The appellate court reversed in part and affirmed in part.

  • GBForefront L.P. v. Forefront Management Group, LLC

    Publication Date: 2018-05-08
    Practice Area: Civil Procedure | Trusts and Estates
    Industry: Investments and Investment Advisory
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0545

    District court erred in dismissing for lack of diversity jurisdiction because Americold Realty Trust v. Conagra Foods, Inc. 136 S.Ct. 1012, ab-rogated Emerald Investors Trust v. Gaunt Parsippany Partners, 492 F.3d 192, and held that the citizenship of a traditional trust was based solely on the citizenship of its trustee and that of a business trust was that of its constituent owners and the court remanded since appellant comprised five trusts and the record contained only one trust instrument. Vacated.

  • Carmen Enterprises, Inc. v. Murpenter, LLC

    Publication Date: 2018-05-08
    Practice Area: Attorney Compensation
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0531

    The trial court properly found that opposing counsels acquiescence to the claimed attorney fees was not dispositive of a fair and reasonable amount and, thus, considered counsels testimony that his representation of plaintiff was totally separate and unconnected to his work at his former intellectual property law firm. The appellate court affirmed the trial courts order granting attorney fees.

  • Morrongiello v. Golden Gate Natl Senior Care, LLC

    Publication Date: 2018-05-08
    Practice Area: Business Torts | Damages | Personal Injury
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0494

    Plaintiff adequately alleged negligence, breach of fiduciary duty and punitive damages claims against a nursing home related to the understaffing of the facility. The court denied defendants preliminary objections.

  • Ealey v. Sharp

    Publication Date: 2018-05-08
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0493

    In this custody modification proceeding, the court concluded shared physical custody was in the childs best interest.

  • Commonwealth v. Hardy

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0490

    Defendant voluntarily consented to a chemical blood test, and he did not have a constitutional right to speak to an attorney before deciding whether to consent to the blood draw. The court denied his motion to suppress.

  • Arnold v. Whitestone Healthcare Group, LLC

    Publication Date: 2018-05-08
    Practice Area: Business Torts | Personal Injury
    Industry: Health Care
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0491

    The evidence in the negligence case involving the understaffing of a rehabilitation facility supported the jurys award of compensatory and punitive damages. The court denied defendants motions for post-trial relief.

  • Commonwealth v. Bethea

    Publication Date: 2018-05-08
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Platt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0529

    Even assuming defendant did not waive his claim that the trial court erred in granting the commonwealths motion to preclude repeated references to him as an innocent man during voir dire, the claim failed since the trial courts decision did not undermine his presumption of innocence. The appellate court affirmed defendants judgment of sentence.