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Scott v. Trumark Fin. Credit Union

Publication Date: 2018-03-27
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0332

Motion to reinstate action following settlement denied where denial of intent to have entered into settlement based solely on written affidavit. Motion to reinstate action denied.
Whelshans v. Sessions

Publication Date: 2018-03-27
Practice Area: Constitutional Law
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0331

Court granted the police commissioners motion for judgment on the pleadings in plaintiffs action seeking the restoration of his private right to possess a firearm since the same issue had been litigated in plaintiffs favor in state court but court denied federal defendants 12(b)(6) motion to dismiss because plaintiff sufficiently stated a claim. Granted in part and denied in part.
Houk v. Mitchell

Publication Date: 2018-03-27
Practice Area: Commercial Law | Damages
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0307

The court followed the majority of other states in concluding that attorney fees were not available as consequential damages under the Uniform Commercial Code.
Commonwealth v. Montgomery

Publication Date: 2018-03-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0323

PCRA court had subject matter jurisdiction to hear a subsequent PCRA petition so long as a prior PCRA petition was not pending on appeal or subject to further appellate review. Order of the PCRA court affirmed.
Fed. Trade Commn v. Innovative Designs, Inc.

Publication Date: 2018-03-27
Practice Area: Consumer Protection
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Fischer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0320

Motion to disqualify expert for conflict of interest denied where movant failed to identify information movant shared with expert prior to governments investigation and retention of expert. Motion to disqualify expert denied.
City of Philadelphia v. Sessions

Publication Date: 2018-03-27
Practice Area: Constitutional Law | Government
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0316

When viewed in a light most favorable to the City of Philadelphia as plaintiff, the City produced facts sufficient to proceed with its claim against the U.S. Attorney General for alleged violations of the Administrative Procedure Act in this suit challenging the imposition of immigration-related funding conditions. The court denied defendants motion to dismiss.
Shearer v. Seamans

Publication Date: 2018-03-27
Practice Area: Toxic Torts
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0309

The plaintiff property owners trespass claims against their neighbor survived a motion for summary judgment where the record presented sufficient evidence to demonstrate that pipes placed on the property of defendants predecessor resulted in the discharge of sewage onto plaintiffs property. The court denied defendants motion for summary judgment.
Rand v. Young

Publication Date: 2018-03-27
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Herzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0305

Where a seller failed to disclose a known structural defect, the court did not err in finding the seller violated state unlawful trade practices law.
Lerch v. Unemployment Compensation Review Bd.

Publication Date: 2018-03-27
Practice Area: Administrative Law | Employment Litigation
Industry:
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0312

Unemployment compensation board erred in calculating claimants net income from her sideline business because 34 Pa. Code §65.121 was unreasonable and ignored prior court rulings concerning the definition of net earnings. Reversed.
Aetna Inc. v. The Peoples Choice Hospital, LLC et al

Publication Date: 2018-03-27
Practice Area: Business Torts | Contracts | Dispute Resolution
Industry: Health Care | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Schiller
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0317

Defendants could not rely on a clause in a contract they did not sign to compel arbitration where it was not clear from the record whether they were acting as agents of a signatory to that contract in an alleged health care billing fraud scheme. The court denied defendants motion to compel arbitration.

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