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GFT Property Holdings III, LLC v. Kamara

Publication Date: 2018-02-27
Practice Area: Civil Procedure | Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0125

Defendant was not entitled to open default judgment in this ejectment case where he failed to demonstrate improper notice or raise a meritorious defense.
Teva Pharm. USA, Inc. v. Sandhu

Publication Date: 2018-02-27
Practice Area: Trade Secrets
Industry: Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0211

The court found that plaintiffs CFAA claim against former employees romantic partner and company he worked for was proper because it was based on an indirect access theory, but claim against former employee failed because she was authorized to access the information, and plaintiffs direct costs of responding to or assessing the damage from the violation were recoverable even without an interruption of service. Motion granted in part and denied in part.
Commonwealth v. Patterson

Publication Date: 2018-02-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Elliott
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0202

In this case of first impression, the appellate court found that the trial court did not abuse its discretion when it ordered defendant to be shackled during the viewing of the crime scene for reasons of safety and security. The appellate court affirmed defendants judgment of sentence.
Commonwealth v. Johnson

Publication Date: 2018-02-27
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0201

Police had a reasonable basis to conduct a pedestrian stop of defendant, who was loitering in a high-crime area, where they had an obligation to investigate complaints of loitering and drug sales; therefore, counsel was not ineffective for failing to preserve this meritless issue for appellate review. The appellate court affirmed an order denying defendants Post Conviction Relief Act petition.
Goshen Mortgage LLC v. Rutan

Publication Date: 2018-02-27
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0120

The defendant in this ejectment action could not assert a collateral attack on the underlying sheriff sale since an attack on the foreclosure within an ejectment action is only proper where the court in the foreclosure action lacked jurisdiction. The court granted plaintiffs motion for summary judgment.
Kelly v. DAmico

Publication Date: 2018-02-27
Practice Area: Creditors' and Debtors' Rights
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0129

Genuine issues of material fact regarding a promissory note and the failure to join an indispensable party precluded summary judgment.
Sarmiento-Hernandez v. Workers Compensation Appeal Bd. (Ace Am. Ins. Co.)

Publication Date: 2018-02-27
Practice Area: Administrative Law | Labor Law
Industry: Insurance
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0205

Medical expert opinion opining that, if claimant had suffered a work injury, she had recovered from same, was sufficiently valid to permit employer to contest termination and review petitions. Order of the WCAB affirmed.
Millcreek Township Sch. Dist. v. Millcreek Township Educ. Support Personnel Assn

Publication Date: 2018-02-27
Practice Area: Dispute Resolution | Education Law | Labor Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0210

Trial court erred in upholding arbitrators award granting associations grievance over districts issuance of a request for proposals for custodial services during negotiations and ordering that RFPs could not be used in bargaining with the association because the award did not draw its essence from the CBA, which prohibited subcontracting, but never mentioned RFPS, and the arbitrators award contravened the public policy of good faith bargaining. Reversed.
Tiburon Lockers, Inc. v. Northgate Digital Corp.

Publication Date: 2018-02-27
Practice Area: Contractual Disputes
Industry: Software
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0213

Court granted defendants motion for summary judgment in plaintiffs breach of contract claim because plaintiff had the opportunity to test the software as it was developed and its failure to provide the notice required by the contract that the deliverables were unacceptable barred recovery. Motion granted.
Greene v. Superintendent Smithfield SCI

Publication Date: 2018-02-27
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Vanaskie
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0204

Procedurally defaulted ineffective assistance of appellate counsel could not be raised in federal habeas proceeding, since such claim had to be heard in collateral proceeding where lack of constitutionally guarantee of counsel meant there was no basis to excuse procedural default. Order of the district court affirmed.

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