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  • Commonwealth v. Rivera-Figueroa

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1765

    The appellate court granted defendant, a sex offender, the opportunity to seek relief under the holding in Commonwealth v. Muniz, which found the Sexual Offender Registration and Notification Act unconstitutional, because the holding created a substantive rule that retroactively applied in the collateral context. The court affirmed defendants judgment of sentence.

  • Commonwealth v. Murray

    Publication Date: 2017-12-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1764

    The U.S. Supreme Courts decision in Riley v. California, 134 S.Ct. 2473 (2014), holding that the Fourth Amendment generally requires police to obtain a warrant before searching a suspects cell phone incident to an arrest, did not apply to defendant, who was on parolee at the time of the challenged search. The court affirmed defendants judgment of sentence.

  • Reid v. Temple Univ. Hosp.

    Publication Date: 2017-11-28
    Practice Area: Civil Rights | Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1754

    Court dismissed nurses claim under the false claims act for retaliation because her complaints were about the failure to implement an internal policy, dismissed her claim of breach of fiduciary duty because she failed to show a joint venture, but allowed nurses and technicians §1981 claims to go forward since they provided sufficient evidence to give rise to an inference of discrimination in their terminations. .Motion granted in part and denied in part.

  • Raub v. US Airways, Inc.

    Publication Date: 2017-11-28
    Practice Area: Legal Ethics and Attorney Discipline | Personal Injury
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge DuBois
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1758

    Court admonished attorney but declined to revoke her pro hac vice admission, in plaintiffs case against airline for injuries from flight turbulence, because while attorney did engage in ex parte communications with two flight attendants who were represented parties, there was no prejudice since airline stipulated to liability. Motion for sanctions denied.

  • Raskind v. Resources for Human Dev., Inc.

    Publication Date: 2017-11-28
    Practice Area: Civil Rights | Employment Litigation
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kelly
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1757

    Employer was entitled to summary judgment in employees religious discrimination and retaliation action because employer accommodated all requests for time off and flexible hours, employee could not show a prima facie case of discrimination where he failed to produce evidence of similarly situated employees who were treated differently and employer demonstrated legitimate, non- discriminatory reasons for his termination. Motion granted.

  • Qarmout v. Qarmout

    Publication Date: 2017-11-28
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights | Family Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1722

    Defendant was not entitled to relief on her untimely petition to open a confessed judgment on a mortgage and guarantee, despite her alleged misunderstanding of the joint obligation and disappointment in her ex-husbands failure to make payments on the obligation. The court denied defendants petition to open a confessed judgement.

  • Leinberger et al v. Stellar

    Publication Date: 2017-11-28
    Practice Area: Land Use and Planning
    Industry: Entertainment and Leisure | Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1724

    The defendant property owner, a trust, was not barred under state law from using its property for short term rentals; however, the gun range on the subject property was not exempted from plaintiffs nuisance claim under 35 P.S. §4501 where much of the shooting complained of was not the normal and accepted activity of a gun range. The court granted in part and denied in part defendants post-trial motion for relief.

  • Penn Engg & Mfg. Corp. v. Pemco Hardware, Inc.

    Publication Date: 2017-11-28
    Practice Area: Intellectual Property | Trademarks
    Industry: Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1756

    Court enjoined defendant from displaying any products that infringed plaintiffs trademarks and patents at a trade show because defendants exhibitions at any earlier trade show were in contempt of the courts preliminary injunction prohibiting defendant and its subsidiaries and related companies from using plaintiffs trademarks and selling any products that infringed on plaintiffs patents. Order granted.

  • Mt. Lebanon Sch. Dist. v. J.S.

    Publication Date: 2017-11-28
    Practice Area: Education Law
    Industry: Education | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1719

    Hearing officer erred in requiring school district to provide middle school student with transportation to the high school for his class as part of his gifted individualized education plan because 24 P.S. §13-1374, by its plain terms, did not require the district to provide transportation, district was a walking district and it applied the rule uniformly. Reversed.

  • Jerrys Bar, Inc. v. Commonwealth

    Publication Date: 2017-11-28
    Practice Area: Food and Drug Act | Tax
    Industry: Distribution and Wholesale | Food and Beverage | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1755

    Board of finance and revenue properly refused to refund city of Philadelphia sales tax paid by taxpayer on beer purchased from distributors located in Philadelphia that was delivered to taxpayers bar in Delaware county because beer distributors were located within the city of Philadelphia, they sold beer to taxpayer and delivered it to taxpayer at a location within the commonwealth of Pennsylvania and the fact that it was purchased for resale was irrelevant. Affirmed.