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Cunningham v. Cunningham

Publication Date: 2018-04-03
Practice Area: Civil Procedure | Family Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0390

Trial court authorized to impose civil contempt for partys violation of separation order, regardless of whether such order was incorporated into the divorce decree. Order of the trial court affirmed.
Jack Trocki Dev. Co., Inc. v. Robert H. Wise Management Co., Inc.

Publication Date: 2018-04-03
Practice Area: Insurance Law
Industry: Insurance | Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Glazer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0347

Insurer was entitled to summary judgment where plaintiff was unable to show that an exception applied to the policys exclusion for certain types of water damage.
Speaker v. Speaker

Publication Date: 2018-04-03
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0380

Trial court erred in granting husbands petition to decrease his alimony obligation because husbands stated desire to retire at some point in the future did not constitute a substantial and continuing change in circumstances that warranted a downward modification of alimony and husband failed to show that his alleged poor health had affected his financial circumstances or his ability to work. Order vacated.
TELA Bio, Inc. v. Fed. Ins. Co.

Publication Date: 2018-04-03
Practice Area: Insurance Litigation
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Goldberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0396

Insurers motion to dismiss plaintiff insureds declaratory judgment action seeking coverage for suit brought by regenerative medicine company was granted because the suit was not covered under the policys libel and slander provision and the policys intellectual property exclusion excluded coverage. Motion granted.
Miller v. Altman

Publication Date: 2018-04-03
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0339

While plaintiffs could not locate the original plan of lots upon which they relied to establish a right of way over a disputed road, their pleading satisfied the requirements of Pa.R.Civ.P. 1019(i), which contemplates the inability of a party to attach a writing to a complaint and provides alternative pleading measures. The court overruled defendants preliminary objections to plaintiffs complaint.
Gamesa Energy USA, LLC v. Ten Penn Ctr. Assoc., L.P.

Publication Date: 2018-04-03
Practice Area: Landlord Tenant Law
Industry: Real Estate
Court: Superior Court
Judge: Judge Panella
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0391

Landlord did not breach lease by declaring tenant in default, where lease terms explicitly defined default as tenants vacating of premises and tenant had physically moved out of space. Judgment affirmed in part and reversed in part.
Minton v. Norfolk S. Railway. Co.

Publication Date: 2018-04-03
Practice Area: Occupational Safety and Health
Industry: Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0349

Defendants were not entitled to summary judgment, because factual issues existed regarding whether plaintiffs harm constituted an occupational illness, and whether defendants fraudulently concealed knowledge relating to this type of harm and its causes.
Commonwealth v. Gibbs

Publication Date: 2018-04-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0383

Where defendant was incarcerated prior to the disposition of new charges against him and he failed to satisfy bail at the time of his arrest on the new charges, the trial court was required to credit him with the time served prior to the disposition of new charges against his new sentence. The appellate court vacated defendants judgment of sentence and remanded.
The Sch. Dist. of Philadelphia v. Bd. of Revision of Taxes

Publication Date: 2018-04-03
Practice Area: Administrative Law | Tax
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0345

A school district did not waive any arguments by relying on the record and electing not to appear before the Board of Revision of Taxes, and the district exhausted its administrative remedies.
Pharmerica Corp. v. Lena Sturgeon

Publication Date: 2018-04-03
Practice Area: Trade Secrets
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0395

Court granted defendants motion to dismiss plaintiffs claims of misappropriation of trade secrets under PUTSA and DTSA and tortious in-terference with business relationships, in plaintiffs action over start-up hiring plaintiffs employees, because plaintiff failed to identify the alleged trade secrets, failed to show that defendants acquired or used any trade secrets and the employees employment contracts did not restrict their post-termination employment. Motion granted.

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