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OConner v. The PNC Financial Serv. Group, Inc.

Publication Date: 2017-12-19
Practice Area: Insurance Litigation
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1834

Court granted long term disability plans motion for summary judgment in plaintiffs action for denial of benefits because the denial was not arbitrary and capricious where plaintiffs gastroenterologist described her Crohns and IBS as quiescent, her internist noted that she was Independent with all ADLs and at best, her evidence showed a disagreement between her therapist and the insurers psychiatrist. Motion granted.
Mission Funding Alpha v. Commonwealth

Publication Date: 2017-12-19
Practice Area: Civil Appeals | Tax
Industry: Investments and Investment Advisory
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1833

Commonwealth court erred in reversing the board of finances finding that appellees petition for a tax refund was not timely because the actual payment of the tax was the act of transferring money or credits by the taxpayer to the department, not the filing of the annual tax report. Reversed.
Office of Disciplinary Counsel v. Kovalcin

Publication Date: 2017-12-19
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1835

Respondent was suspended for a year and a day for failing to cooperate with his prior firm partner in dissolving the firm and in abandoning the firm, for his inability to account for $10,000 of client funds owed to clients in his cases in the firms IOLTA account and neglect of client matters by failure to respond to preliminary objections in one case and by failing to respond to motions before the bankruptcy court in another case, by failing to obtain admission to practice before the bankruptcy court or secure local counsel, failing
Dimatteo v. School District of Philadelphia

Publication Date: 2017-12-19
Practice Area: Constitutional Law | Labor Law
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1823

Where the defendant employer offered shifting reasons for terminating plaintiff, a 59-year-old, there was sufficient evidence from which a jury might infer that defendants explanations were pre-textual and disbelieve the articulated reasons. The court denied in part defendants motion for summary judgment.
Erie Ins. Exch. v. Moore

Publication Date: 2017-12-19
Practice Area: Insurance Litigation | Personal Injury
Industry: Insurance
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1827

Trial court erred in ruling insurer had no duty to defend or indemnify pursuant to expected or intended exclusion in policy, where underlying personal injury suit reasonably pled that injury arose from accidental discharge of firearm. Summary judgment vacated, case remanded.
Commonwealth v. Masker

Publication Date: 2017-12-19
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1797

The court denied defendants motion to suppress with regard to chemical test results following a traffic stop where the court found no evidence of coercion and defendant voluntarily signed a form consenting to a blood draw.
In re 2014 Allegheny Cnty. Investigating Grand Jury: Appeal of WPXI

Publication Date: 2017-12-19
Practice Area: Civil Appeals | Public Records
Industry: Technology Media and Telecom
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1791

The public disclosure of judicial records sought by the appellant news agency did not moot appellants request for access to the judicial records from the official source in the absence of any assessment of the reliability, verifiability or completeness of the disclosed versions. The high court reversed and remanded.
In re: Interest of BNK

Publication Date: 2017-12-19
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge McCoy
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1793

The commonwealth failed to follow the Rules of Juvenile Court Procedure in petitioning to withdraw nolle prossed charges against the juvenile defendant and failed to demonstrate grounds for vacating the actions of an assistance district attorney who was authorized to bind the commonwealth in juvenile cases. The court denied the commonwealths petition to vacate nolle prossed charges.
Doe v. Franklin County et al

Publication Date: 2017-12-19
Practice Area: Class Actions | Government
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1824

The intermediate court erred in finding that the legislature intended §6111(i) of the Uniform Firearms Act to override high public official immunity and permit targeted liability against a local government agency for breach of the confidentiality provision in that act. The court affirmed an intermediate court order affirming defendants judgment of sentence.
Machles v. McCabe, Weisberg, & Conway, P.C.

Publication Date: 2017-12-19
Practice Area: Creditors' and Debtors' Rights
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1830

Alleged misrepresentations in formal pleadings by law firm retained to collect debt could be subject to FDCPA claim since least sophisticated debtor could rely on such pleadings in deciding how to resolve debt, and could permit purported debtholder to collect money it was not legally entitled to. Defendants motion to dismiss granted in part and denied in part.

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