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  • Tenbus v. Progressive Direct Ins. Co.

    Publication Date: 2017-12-26
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Courts of Common Pleas, Wayne County
    Judge: Judge Hamill
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1841

    A motor vehicle accident victim was not entitled to recover underinsured motorist benefits from her insurance company, because the other drivers liability coverage for bodily injury was in the exact amount of the previous arbitration award, so the other driver was not considered underinsured. The court sustained defendants motion for judgment on the pleadings, and dismissed the complaint with prejudice.

  • Wainberg v. Dietz & Watson, Inc.

    Publication Date: 2017-12-26
    Practice Area: Employment Litigation
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1856

    Defendants motion to dismiss employees action for disability discrimination under the ADA and PHRA, retaliation for requesting an accommodation under the ADA and PHRA and wrongful discharge under Pennsylvania common law for filing a state workers compensa-tion claim failed because a hernia could constitute a disability, plaintiff adequately pled that it impaired major life activities, defendant knew of the disability and the timeframe between the injury and the firing supported the retaliation claims. Motion denied.

  • Mineheart v. McElhinny

    Publication Date: 2017-12-26
    Practice Area: Civil Procedure | Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1852

    Defendants failed to show fraudulent joinder in plaintiffs defamation action over the publication and promotion of a book that allegedly contained false statements about him because plaintiff made a colorable claim of civil conspiracy and defendants did not show that plaintiff did not intend to pursue his claim against or seek a judgment from the allegedly non-diverse defendant. Remand granted.

  • Herring v. Gorbey

    Publication Date: 2017-12-26
    Practice Area: Civil Procedure | Civil Rights
    Industry: Legal Services
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmhel
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1848

    §1983 suit alleging retaliatory false claims of misconduct by a judicial officer dismissed pursuant to 11th Amendment and absolute judicial immunity, where alleged acts were authorized and performed in official judicial capacity. Motion to dismiss granted.

  • Commonwealth v. Aunkst

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1785

    The court did not err in imposing a post-revocation sentence, because defendant continued to have substance abuse issues and he failed to comply with his probation conditions despite having numerous opportunities to participate in treatment and rehabilitation programs.

  • Commonwealth v. Garms

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1519

    The court refused to suppress the test results of a blood draw taken from defendant on the night she was arrested on suspicion of driving under the influence of alcohol where defendant provided voluntary consent to the blood draw. The court denied defendants motion to suppress.

  • Shoul v. Dept of Transportation

    Publication Date: 2017-12-26
    Practice Area: Constitutional Law
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1855

    Trial court erred in holding that 75 Pa. C.S. §1611(e) violated appellees substantive due process rights under the Pennsylvania constitu-tion and correctly found that the revocation of appellees CDL constituted punishment but the case was remanded because the record was insufficiently developed to determine whether §1611(e)s application to appellee was grossly disproportionate to his crime. Reversed in part, vacated in part and remanded.

  • Patterson v. Shelton

    Publication Date: 2017-12-26
    Practice Area: Dispute Resolution
    Industry: Non-Profit
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1312 C.D. 2016

    Trial court erred in denying appellants motion to quash prior orders in a long standing dispute over the use of church assets because af-ter the appellate court affirmed the trial courts decision that it lacked subject matter jurisdiction over appellants nonprofit corporation law claims on the basis that resolution of those issues would require the trial court to interpret religious doctrine, any prior decisions relating to those claims were null and void and the only remaining valid determination in the case was the binding arbitr

  • Kaite v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-26
    Practice Area: Administrative Law | Labor Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Cosgrove
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1850

    Unemployment Compensation Board of Review erred in denying benefits to employee who was terminated for refusing to undergo fingerprinting for employer-mandated background checks, where the employee held a sincere religious belief commanding against fingerprinting. Order of the Unemployment Compensation Board of Review reversed.

  • Paluch v. Dept of Corrections

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1853

    The court granted respondents preliminary objections to inmates complaint asserting common law torts, constitutional and mandamus claims over spending decisions made with funds in the inmate general welfare fund and the destruction of some of his personal property because the DOCs fiscal administration policy did not provide prisoner IGWF representatives with the authority to approve, veto or vote on how the monies were spent, inmates claims were barred by sovereign immunity and the inmate grievance system was an adequate post-dep