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Barlow v. Brabson

Publication Date: 2018-05-01
Practice Area: Civil Procedure | Tax
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0469

The statute of limitations barred an attempt to set aside a judicial tax sale. The court vacated an order setting aside the sale.
HPM Consulting v. Unemployment Compensation Bd. of Review

Publication Date: 2018-05-01
Practice Area: Administrative Law | Labor Law
Industry: Consulting
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0506

Claimant was not an independent contractor where he did not set out his rate of pay or hold himself out as being in business for himself, but record was insufficient to determine whether claimant was employed by the alleged employer. Order of the UCBR affirmed in part and reversed in part, case remanded.
S. F. v. Sch. Dist. of Upper Dublin

Publication Date: 2018-05-01
Practice Area: Civil Rights | Education Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pappert
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0514

School districts argument that elementary students ADA claims regarding wheelchair accessibility in middle school were not ripe failed because parents had been meeting with district over the issue for two years, only 17 months remained until student began middle school and waiting until child was ready to attend middle school would preclude student from obtaining any meaningful remedy until it was too late. Motion denied.
Hill v. LA Fitness

Publication Date: 2018-05-01
Practice Area: Contracts | Personal Injury
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Joyner
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0505

Summary judgment for defendants granted on plaintiffs personal injury claim where plaintiff knowingly and voluntarily agreed to valid, enforceable exculpatory waiver. Defendants motion for summary judgment granted.
Global Real Estate Solutions, LLC v. Irvine

Publication Date: 2018-05-01
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Sibum
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0467

The court granted a motion for summary judgment in this quiet title action where the purchaser at a sheriffs sale established a prima facie case, and defendant failed to demonstrate a more perfect title.
Mary Beths Towing LLC v. Borough of Brownsville

Publication Date: 2018-05-01
Practice Area: Civil Rights
Industry: Automotive
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Conti
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0512

Defendants were entitled to summary judgment in plaintiffs equal protection action asserting her female-owned towing company was dis-criminated against when borough gave almost all of its towing business to male-owned company because plaintiff could not show disparate treatment, intentional gender-based discrimination or a Monell claim. Motion granted.
Mazur v. Cuthbert

Publication Date: 2018-05-01
Practice Area: Personal Injury
Industry: Federal Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0513

Trial court correctly found that appellee Cuthbert was entitled to sovereign immunity because she was acting within the scope of her duties when she made allegedly defamatory statements about appellant to other employees and the unemployment compensation representative but trial court erred in dismissing appellants claim that appellee made knowingly false statements to third parties because appellants allegations were sufficient to overcome appellees preliminary objections on that point. Affirmed in part, reversed in part.
League of Women Voters of Pennsylvania v. Commonwealth

Publication Date: 2018-05-01
Practice Area: Attorney Rates and Arrangements | Civil Procedure | Election and Political Law
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0510

The court found the removal of a state gerrymandering case to federal court was untimely and procedurally improper and awarded attorney fees and costs to plaintiff and held the senator who filed the removal personally liable for the award. Fees and costs awarded.
Abruzzese v. Bureau of Profl and Occupational Affairs

Publication Date: 2018-05-01
Practice Area: Administrative Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0417

The State Board of Cosmetology erred by assuming facts not in evidence when it rejected the Bureau of Occupational Affairs recommendation that licensees esthetician license be suspended based on a prior felony conviction, but with the suspension immediately stayed so she could continue to work. The court reversed and remanded the Boards adjudication.
Wimer Realty, LLC v. Township of Wilmington

Publication Date: 2018-05-01
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0495

Where a new zoning ordinance substantially impacted plaintiffs ability to conduct their proposed use in a manner that was both financially and economically reasonable, plaintiffs land use appeal from the denial of their proposed curative amendments was not rendered moot. The court denied defendants motion to dismiss based on mootness.

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