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American Electric Power Service Corp. v. Commonwealth

Publication Date: 2018-04-03
Practice Area: Tax
Industry: Energy | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0381

Taxpayer, a corporation that sells electricity in Pennsylvania on a wholesale basis, was subject to gross receipts taxes under §1101(b) of the Tax Reform Code of 1971, which imposes the tax upon every entity that is engaged in the electric light and power business. The court denied taxpayers exceptions.
Zhang v. Jackson Twnshp.

Publication Date: 2018-04-03
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0335

There was substantial evidence to support the Jackson Township Supervisors finding that a structure owned by plaintiff was a dangerous building as defined by the township ordinance, including expert testimony regarding a partially collapsed roof and the lack of any remaining intrinsic value in the structure. The court denied plaintiffs appeal.
Harmon v. FMC Corp.

Publication Date: 2018-04-03
Practice Area: Employment Compliance
Industry: Investments and Investment Advisory | Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0393

Plaintiffs failed to plausibly state a claim for relief under ERISA in their action alleging that defendants breached their fiduciary duty to monitor 401(k) plan investments and remove risky investment options, after one fund invested heavily in the stock of a pharmaceutical company that lost value after it was investigated by the SEC, because the complaint failed to state a plausible claim for failure to diversify or a breach of the duty of prudence. Motion to dismiss granted.
Barrie v. Brooks

Publication Date: 2018-04-03
Practice Area: Civil Procedure | Premises Liability
Industry: Entertainment and Leisure
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0343

Defendants were not entitled to open a default judgment where proper service was effectuated by serving the documents on the person in charge at defendants address, and where defendants failed to present a meritorious defense.
Commonwealth v. King

Publication Date: 2018-04-03
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Kunselman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0385

Trial court did not abuse discretion in admitting and considering victim impact statement that contained single disparaging remark toward defense counsel, where, on balance, letter properly conveyed the effects of defendants crime upon the victims family. Judgment of sentence affirmed.
B & R Resources, LLC v. Dept. of Environmental Protection

Publication Date: 2018-04-03
Practice Area: Corporate Entities
Industry: Energy
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0382

The Commonwealth Court rejected petitioners contention that the individual petitioner, the sole member and managing member of an oil and gas company, could not be held liable for oil and gas regulatory violations under the participation theory because the theory does not apply where the challenged conduct consists of inaction. The court reversed and remanded on other grounds.
Espinosa v. J & J Limousine Serv.

Publication Date: 2018-03-27
Practice Area: Civil Procedure | Motor Vehicle Torts | Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0302

Venue in this personal injury matter was improper in county where defendant conducted less than one percent of its commercial activities. The court transferred the case to the county where the accident occurred, which was also the county in which plaintiffs resided and where defendant regularly conducted business.
Commonwealth v. Moriarty

Publication Date: 2018-03-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0324

Counsel ineffective for advising offender to proceeding to parole revocation hearing prior to trail on new charges to secure work release, where offender may have been ineligible for work release, and was ultimately acquitted on new charges. Order of the PCRA court reversed, revocation sentence vacated.
Miller v. McCabe, Weisberg & Conway, P.C.

Publication Date: 2018-03-27
Practice Area: Civil Procedure | Consumer Protection | Creditors' and Debtors' Rights
Industry: Legal Services
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0333

Plaintiffs suit asserting a Fair Debt Collection Practices Act claim against the defendant law firm was untimely since it was not filed within one year from the date on which the alleged violation occurred, i.e., when the firm commenced a debt collection action against plaintiff. The court granted defendants motion for summary judgment.
Westcott Elec. Co. v. Cincinnati Ins. Co.

Publication Date: 2018-03-27
Practice Area: Insurance Law
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0326

The court found that insurer was entitled to dismissal of plaintiffs breach of contract action because, under the plain language of the policy, company could only claim under one policy, was not entitled to reformation of the previous policy and there was only one occurrence. Motion granted.

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