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U.S. v. Smukler

Publication Date: 2018-04-24
Practice Area: Election and Political Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0487

Defendants motion to suppress was denied because the addition of information about a dismissed FEC investigation would not have altered the probable cause determination as to the search warrant because the affidavit for the warrant alleged criminal violations distinct from the allegations and conduct investigated in the FEC decision. Motion denied.
Racing GAMbit, LLC v. State Horse Racing Commn

Publication Date: 2018-04-24
Practice Area: Administrative Law
Industry: Entertainment and Leisure
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0484

The commission erred as a matter of law in addressing the merits of horse owners appeal after already concluding that the stewards did not abuse their discretion in refusing to disqualify the wining horse because the commission abused its discretion and should have ended its inquiry when it determined that the stewards properly exercised their discretion. Reversed.
Conley v. County of Allegheny

Publication Date: 2018-04-24
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Hertzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0435

The court allowed the defendant county to remove three hazardous trees from plaintiffs property under its police power and denied plaintiff an injunction preventing the county from doing so as she failed to demonstrate that an injunction would not substantially harm other interested parties. The trial court recommended affirmance of its order.
Commonwealth v. Calabrese

Publication Date: 2018-04-24
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0474

An arresting officers testimony that he thought defendants driving was dangerous and there could have been an accident was sufficient to establish probable cause to stop defendant for driving too closely in violation of 75 Pa.C.S. §3310(a), since an officers observations, standing alone, are legally sufficient to stop a vehicle for violating §3310(a). The appellate court affirmed defendants convictions.
Caffey v. Workers Comp. Appeal Bd.

Publication Date: 2018-04-24
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0473

Claimants rights to seek occupational disease related medical benefits for the bladder cancer he suffered due to exposure to carcinogens while working as a firefighter were not extinguished by the operation of the pre-Act 46, 300-week statute of repose in §301(c)(2) of the Workers Compensation Act. The court vacated and remanded.
Hughes v. Wilkes-Barre Hospital Co. et al

Publication Date: 2018-04-24
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0436

Pursuant to the requirements of §516 of Pennsylvanias Medical Care Availability and Reduction of Error Act, plaintiffs raised an issue of material fact as to whether a jury might find that the individual defendants were acting as ostensible agents of the defendant hospital when they provided plaintiffs with treatment. The court denied in part the hospitals motion for partial summary judgment.
Sedgwick Claims Management Serv., Inc. v. Bureau of Workers Compensation Fee Review Hearing Office

Publication Date: 2018-04-24
Practice Area: Administrative Law | Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0462

Hearing officer erroneously treated the legal issue of when an examination constituted a significant and separately identifiable service as a factual issue, in providers action seeking to be paid for office visits as well as for the treatment provided to workers compensation claimant. Vacated and remanded.
Mitchell v. Emery

Publication Date: 2018-04-24
Practice Area: Land Use and Planning | Personal Injury | Real Estate
Industry: Automotive
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0442

Imposition of a preliminary injunction was appropriate where defendants were acting unreasonably by subjecting plaintiffs to excessive noise. The courts order set forth specific times during which defendants were not allowed to engage in certain activities, to enable plaintiffs to have the peaceful enjoyment of their property.
Commonwealth v. Pi Delta Psi, Inc.

Publication Date: 2018-04-24
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Patti-Worthington
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0439

In this criminal proceeding involving fraternity hazing, the court concluded that state hazing laws were constitutional. Also, the trial court properly precluded testimony by defendants expert witness regarding the standard of care.
Maier v. Macys, Inc.

Publication Date: 2018-04-24
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0482

Court denied stores motion for summary judgment in slip and fall case after plaintiff lifted a shoe off a display and the display pedestal moved and caused plaintiff to fall because a reasonable jury could find that the display involved an unreasonable risk of harm to invitees. Motion denied.

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