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  • Noonan v. Kane

    Publication Date: 2018-04-17
    Practice Area: Constitutional Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0458

    Former attorney general was entitled to qualified immunity on some of the counts alleging §1983 violations and first amendment retaliation and not on others because harm to reputation alone was not a basis for a claim under §1983 and there was no clearly established constitutional violation when one public official called a former public official a derogatory or defamatory term but threats to harm plaintiffs constituted a violation of a clearly established right. Motion to dismiss granted in part and denied in part.

  • Webb v. Volvo Cars of N.A., LLC

    Publication Date: 2018-04-10
    Practice Area: Class Actions | Consumer Protection
    Industry: Automotive
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0423

    Court granted defendants motion to dismiss plaintiffs action alleging breach of warranties, negligent misrepresentation and unjust en-richment over the safety equipment in her used car purchase because plaintiff did not allege a single actual misrepresentation made by car manufacturer that she justifiably relied on or any allegation as to any express warranty she saw, heard and relied on and her implied warranty claims failed on statute of limitations grounds. Motion granted.

  • Griest v. Griest

    Publication Date: 2018-04-10
    Practice Area: Dispute Resolution | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0422

    Arbitration clause concerning one parcel of property could subject other intertwined properties to arbitration as well, where adjudication of all claims in one forum was preferred to avoid conflicting or duplicative results or awards. Order of the trial court reversed.

  • Bd. of Supervisors of Barrett Twp. v. Barrett Twp. Zoning Hearing Bd.

    Publication Date: 2018-04-10
    Practice Area: Land Use and Planning | Public Utilities
    Industry: State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0403

    A zoning officer properly concluded that a proposed bulk water transfer station in a conservation zone was not a valid accessory use under the zoning ordinance. Reversed.

  • Steudler v. Keating

    Publication Date: 2018-04-10
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0400

    Plaintiffs were not entitled to a new trial based on the jurys failure to find causation, even though it found the defendant driver negligent, because it was possible for the jury to determine that defendant was negligent but that his negligence was not the factual cause of a fatal accident. The court denied plaintiffs post-trial motions for a new trial.

  • Union Community Bank v. Wisser

    Publication Date: 2018-04-10
    Practice Area: Attorney Compensation | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0351

    The amount of legal fees plaintiff sought in this successful mortgage foreclosure action was under 10 percent of the unpaid principal balance due, but the court was unable to determine whether the amount sought was reasonable because plaintiff failed to produce sufficient evidence describing the legal services provided. The court denied in part plaintiffs post-trial motion for relief.

  • Monroe Land Inv. v. Zoning Bd. of Adjustment

    Publication Date: 2018-04-10
    Practice Area: Land Use and Planning
    Industry: Real Estate | Retail
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0426

    Common pleas did not substitute its judgment for that of the zoning board in holding that board abused its discretion in denying an application for a special exception because the only evidence in the record supported granting the special exception. Affirmed.

  • Commonwealth v. Murphy

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0419

    Commonwealth permitted to cross-examine defendant on admission of guilty and prior convictions where defendant opened the door by denying guilty and asserting evidence of his good character through his present non-use of controlled substances. Judgment of sentence affirmed.

  • Commonwealth v. Diaz

    Publication Date: 2018-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0415

    Defendant suffered per se prejudice due to trial counsels failure to ascertain that he needed a translator to understand the criminal proceedings and counsels failure to object when the trial court proceeded without a translator. The appellate court affirmed a trial court order granting defendant a new trial.

  • Reginelli v. Boggs

    Publication Date: 2018-04-10
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0430

    PRPA evidentiary privilege did not apply where entity was not a professional health care provider, and where performance review was not conducted by hospitals established peer review committee. Order of the superior court affirmed.