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Asaro v. Country Club of the Poconos Community Assn.

Publication Date: 2018-03-13
Practice Area: Dispute Resolution | Personal Injury | Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0236

The broad language of the parties real estate agreement of sale and related warranty agreement clearly encompassed plaintiffs personal injuries claims arising from defendants alleged negligence in failing to remedy a dangerous condition on the property.
Yulish v. Sedhom

Publication Date: 2018-03-13
Practice Area: Contracts | Evidence
Industry:
Court: Courts of Common Pleas, Berks County
Judge: Judge Sprecher
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0245

The court allowed the trier of fact to considered evidence about the parties prior conversations and/or negotiations where they had entered into an oral agreement regarding a loan, not a written agreement as defendant asserted.
In re: Dissolution of Partnership Between Beyond Corp, LLC and Deer Creek Excavating, LLC

Publication Date: 2018-03-13
Practice Area: Corporate Entities
Industry: Mining and Resources
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0243

The court rejected a partners exceptions to an accounting made in connection with the dissolution of a partnership.
First Philadelphia Preparatory Charter Sch. v. Dept. of Ed.

Publication Date: 2018-03-13
Practice Area: Education Law | Government
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0256

Preliminary objections for failure to exhaust administrative remedies denied where such remedies were inadequate as the extensive delay in relief would permanently, negatively harm petitioners.
Hemphill v. Sch. Dist. of Philadelphia

Publication Date: 2018-03-13
Practice Area: Civil Rights | Employment Litigation
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0258

School district was not liable for retaliation under the ADA because there was no evidence that plaintiffs 2011 ADA and FMLA lawsuit caused her 2013 correction notices and conferences, work correction notices were not part of the disciplinary process, districts decisions not to transfer plaintiff after her request and the unions request were not adverse disciplinary actions and her own inaction in not providing the documentation requested by district was responsible for the denials. Judgment for school district.
Civan v. Windermere Farms, Inc. et al

Publication Date: 2018-03-13
Practice Area: Contracts | Dispute Resolution | Real Estate
Industry: Construction
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0249

An arbitration panel exceeded its power in finding that it had jurisdiction over one defendant who was not a party to the agreement of sale at issue in this case and did not agree to arbitrate disputes arising out of that agreement.
Commonwealth v. Kehr

Publication Date: 2018-03-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0253

Criminal defendant could not withdraw guilty plea based on subsequent change in the law without establishing counsels ineffective assistance in advising the plea despite the pending change in the law.
Commonwealth v. Johnson

Publication Date: 2018-03-13
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0252

Single victims testimony was sufficient, uncorroborated, to find each element of the offenses of robbery and conspiracy beyond a reasonable doubt. Judgment of sentence affirmed.
U. S. Airways, Inc. v. Workers Compensation Appeal Bd.

Publication Date: 2018-03-13
Practice Area: Administrative Law | Employment Litigation
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Brobson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0246

Workers compensation appeal board properly found that claimant was injured in the course and scope of her employment where air-line employee was injured on the shuttle bus taking her to the employee parking lot because the shuttle bus was such an integral part of employers business as to be part of the premises and claimants presence on the bus was a necessary part of her employment because it was the means by which she traversed between her work station and the parking lot designated for employees.
Braun v. Herbert et al

Publication Date: 2018-03-13
Practice Area: Securities Litigation | Technology Media and Telecom
Industry: Financial Services and Banking
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0248

The trial court did not err in finding that the business judgment rule protected the defendant companys decision to reject plaintiffs litigation demand given her failure to allege with particularity the wrongdoing at issue.

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