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  • Hendricks v. Hendricks

    Publication Date: 2017-12-12
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1813

    Trial court properly granted preliminary injunction where enjoined party was contractually prohibited from interfering with residential development conducted by party seeking the injunction. Orders of the trial court affirmed. Timothy Paul Hendricks and W. Todd Hendricks, brothers, were involved in the same companies, collectively referred to as TH Properties, and were involved in residential development on property they owned.

  • Dansko Holdings, Inc. v. Benefit Trust Co.

    Publication Date: 2017-12-12
    Practice Area: Labor Law
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1811

    Communications between party and its insured could be protected under attorney-client privilege where related to insurers retention of counsel for insured. Plaintiffs motion to compel discovery granted in part and denied in part.

  • In Re Passarelli Family Trust

    Publication Date: 2017-12-12
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ransom
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1815

    Trial court abused its discretion in finding that the creation of an irrevocable trust was premised on fraud because although wife was not aware that husband had brought properties in Florida and included them in the assets of a corporation when she executed the trust, she identified no duty to fully disclose a corporations assets when the corporation was added to the trust corpus, there was no divorce pending when the trust was executed and she could not show that she suffered any injury from the misrepresentation. Reversed.

  • Northern Chester County Sportsmens Club v. Muller

    Publication Date: 2017-12-12
    Practice Area: Corporate Governance
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1817

    Trial court properly upheld nonprofit sportsmens clubs suspension of member, his removal from his board position and the refusal to renew his membership because his use of his position to act unilaterally for the club in violation of instructions from the board was cause to remove him from his board position and his refusal to return the clubs membership records was cause for his suspension. Affirmed.

  • Waverly Heights, Ltd. v. Unemployment Compensation Bd. of Review

    Publication Date: 2017-12-05
    Practice Area: Administrative Law | Employment Litigation
    Industry: Health Care
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1717

    Board properly found that employee was not disqualified from receiving unemployment benefits for willful misconduct because employer did not show disqualifying conduct in employees personal tweet about politics where employee did not violate employers social media or communication policies since the tweet was on her personal account and did not identify employer or link to employers website or twitter account. Affirmed.

  • Tilghman Square Assoc., LP v. Eid

    Publication Date: 2017-12-05
    Practice Area: Civil Procedure | Contracts | Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1726

    The court denied a petition to open a confessed judgment where the lease contained an express acceleration clause and the individual defendants signed personal guarantees. In addition to failing to timely file their petition to open the confessed judgment, defendants lacked any meritorious defense.

  • Waldron Elec. Heating and Cooling, Inc. v. Caseber

    Publication Date: 2017-12-05
    Practice Area: Consumer Protection
    Industry: Construction
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1779

    Trial court erred in finding that electrician was barred from asserting a claim for the reasonable value of services under §517.7(g) of the home improvements consumer protection act where the defendant cancelled the contract within the required three days but electrician had already completed the work, because under the plain language of §517.7(g), a contractor who complied with §517.7(a) was not precluded from asserting a claim for the reasonable value of services performed but trial court correctly allowed defendant to testify as to

  • U.S. ex rel Spay v. CVS Caremark Corp.

    Publication Date: 2017-12-05
    Practice Area: Health Care Law
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge McKee
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1777

    District court properly granted summary judgment in favor of pharmacy in qui tam action over Medicare reimbursement billing practices because while the government knowledge inference applied and the pharmacy could not meet the second prong of the test, the misstatements involved in using dummy prescriber IDs on PDE records were not material to the governments decision to pay the claims. Affirmed.

  • Simpson v. Dept of Transportation

    Publication Date: 2017-12-05
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1776

    Trial court properly upheld the suspension of appellants operating privileges after he was convicted in New Jersey of driving after underage drinking because even if the suspension notice incorrectly referenced the section of the law, there was no evidence that appellant was misled, the notice comported with the directive in 75 Pa.C.S. §3804(e)(2)(iv)(B) and §1586 eliminated the comparison of differing degrees of impairment between Pennsylvanias and other states DUI offenses. Affirmed.

  • Office of Disciplinary Counsel v. Barkley

    Publication Date: 2017-12-05
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1773

    Respondent was suspended for two years because he was transferred to inactive status in 2002 and administratively suspended in 2010 but offered to provide legal services in immigration matters in Utah, where he was not licensed to practice, and engaged in the unauthorized practice of law in Utah, misrepresented to clients that he was an attorney who could handle immigration issues, accepted payment for legal services, failed to provide those services and failed to contact his clients or refund their fees.