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In re: Adoption of T.M.L.M.

Publication Date: 2018-05-01
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0416

The minor child in this case involving the potential involuntary termination of his mothers parental rights was deprived of his right to counsel where assigned counsel only expressed concern for the childs best interests but did not address the childs preferred outcome. The appellate court vacated and remanded.
Spring Brook Twp. v. Pittston Twp.

Publication Date: 2018-05-01
Practice Area: Civil Procedure | Government | Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0471

Since the plaintiff townships declaratory judgment action against the defendant township was akin to a contract action, the matter was subject to the venue directive of Pa.R.Civ.P. 2013(b) and could be brought only in the county in which the defendant township was located. The court sustained defendants preliminary objection challenging venue.
Hughes v. Wilkes-Barre Hospital Co. et al

Publication Date: 2018-05-01
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0437

The moving defendants failed to satisfy their heavy burden of demonstrating that plaintiffs chosen forum in this medical malpractice lawsuit was oppressive to them due to the 20-mile commute for a trial at the Lackawanna County courthouse. The court denied defendant motion to transfer venue.
Alward v. Housing Auth. of the Cnty. of Lackawanna

Publication Date: 2018-05-01
Practice Area: Government | Landlord Tenant Law
Industry: State and Local Government
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0466

Even though a tenant had a lease with the housing authority, the gist of the action doctrine did not apply because various laws imposed broader social duties. The real estate exception to sovereign immunity was met, because a dangerous condition arose from the housing authoritys real property.
Affordable Outdoor, LLC v. Tri-Outdoor, Inc.

Publication Date: 2018-05-01
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0497

Plaintiff was the rightful owner of certain property and a billboard thereon since the billboard was a fixture annexed to the property that could not be removed without materially damaging either the realty or the chattel and defendant failed to prove a leasehold interest in the billboard. The court entered judgment for plaintiff in part.
Commercial Building & Retrofit, Inc. v. Star Ins. Co.

Publication Date: 2018-05-01
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge McInerney
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0464

The court dismissed an employers action against an insurer, because the worker compensation policy at issue primarily pertained to Michigan worker compensation law, and did not cover injuries that occurred in connection with a project in Pennsylvania.
Key v. Pennsylvania Dept. of Corr.

Publication Date: 2018-04-24
Practice Area: Constitutional Law | Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0476

Restrictions on inmates receipt of published materials is constitutionally firm where reasonably related to legitimate penological objectives of security and rehabilitation. Preliminary objections sustained, cross-preliminary objections overruled, petition dismissed.
C.S. v. Dept. of Human Servs.

Publication Date: 2018-04-24
Practice Area: Family Law
Industry:
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0475

Use of confidential child abuse expungement proceeding testimony in subsequent licensure disciplinary proceeding warranted under due process grounds preliminary objections of the Bureau of Hearings and Appeals overruled.
Berg v. Nationwide Mutual Ins. Co., Inc.

Publication Date: 2018-04-24
Practice Area: Insurance Law
Industry: Insurance
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0461

The trial court erred in awarding the defendant insurer to pay plaintiffs $18 million in punitive damages on their bad faith claim and $3 million in attorney fees as the trial courts critical findings were not supported by the record. The court vacated the trial courts judgment.
Razak v. Uber Tech., Inc.

Publication Date: 2018-04-24
Practice Area: Class Actions | Employment Litigation | Wage and Hour Litigation
Industry: Technology Media and Telecom | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0485

Transportation network company was entitled to summary judgment in drivers putative class action under the FLSA and the PWMA because the court considered the Donovan factors and determined that drivers did not meet their burden of proof to show that they were employees rather than independent contractors. Motion granted.

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