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Humphrey v. Humphrey

Publication Date: 2018-02-20
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0158

Mothers proposed relocation with two of the parties minor children from Pennsylvania to Delaware was not in the best interests of the children, but the court denied fathers motion to modify custody.
Commonwealth v. Tanner

Publication Date: 2018-02-20
Practice Area: Criminal Law | White Collar Crime
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0161

Defendant was not entitled to post-conviction relief for ineffective assistance of counsel, because defendants guilty plea was made voluntarily, and defendant failed to meet his burden of proving other claims of ineffectiveness by his trial counsel.
Brown v. Chester County Tax Claim Bureau et al

Publication Date: 2018-02-20
Practice Area: Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0164

Plaintiff could not use the Manufactured Home Act to exercise any rights regarding a manufactured home abandoned on his property. The appellate court affirmed a trial court order denying plaintiff relief.
Trust Under the Will of Wills v. Dept of Health and Human Serv.

Publication Date: 2018-02-20
Practice Area: Administrative Law | Health Care Law
Industry: Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Robreno
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0180

Department properly denied plaintiff eye hospitals application to enroll in Medicare as a hospital because department correctly considered comparative volume among the facts and circumstances, comparative volume was not a new standard and had been applied and explained in publicly available decisions prior to plaintiffs application and notice and comment was not required. Motion granted.
Collins v. Philadelphia Suburban Development Corp. et al

Publication Date: 2018-02-20
Practice Area: Personal Injury
Industry: Real Estate | Retail
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0167

The hills and ridges doctrine barred plaintiff from holding the defendant property owner liable for injuries he suffered in a slip and fall accident on the property where it was undisputed that plaintiff slipped and fell in the middle of a blizzard. The appellate court affirmed an order granting defendant summary judgment.
Graham v. Flippen

Publication Date: 2018-02-20
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0173

Petitioner entitled to expungement of PFA records, as a matter of law, where no finding of abuse made in any of the PFA proceedings. Order of the trial court reversed.
Santiago v. Wegmans Food Markets, Inc.

Publication Date: 2018-02-20
Practice Area: Labor Law | Personal Injury
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0155

The evidence of record raised a material issue of fact for the jury regarding whether the defendant landowner retained sufficient control over an independent contractors work to warrant liability in this case involving personal injury to the independent contractors employee. The court denied defendants motion for summary judgment.
Commonwealth v. Root

Publication Date: 2018-02-20
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0171

Defendant was entitled to either have negotiated plea with specific sentence enforced by sentencing court or be permitted to withdraw guilty plea, and plea counsel was ineffective in failing to advise defendant of remedies to sentencing courts failure to abide by plea agreement. Order of the PCRA court reversed, case remanded.
Heraeus Med. GmbH v. Esschem, Inc.

Publication Date: 2018-02-20
Practice Area: Commercial Law | Discovery | Trade Secrets
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Rufe
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0181

Defendant was entitled to summary judgment in plaintiffs action alleging misappropriation of trade secrets, unjust enrichment and tortious interference with economic advantage because plaintiffs admission in its German litigation and its 28 U.S.C. §1782 discovery action against defendant showed that plaintiff knew or should have known of the factual basis for the misappropriation claim by 2009 but did not file the action until 2014 and the action was time barred. Motion granted.
Lehigh Valley Rail Management LLC v. County of Northampton Revenue Appeals Bd.

Publication Date: 2018-02-20
Practice Area: Tax
Industry: Real Estate | State and Local Government | Transportation
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0175

Trial court erred in holding that 85 acres used for an intermodal railroad facility was exempt from the PURTA tax and the case was remanded for the trial court to determine the amount of acreage used for certain specified uses of the property and whether any or all of that acreage satisfied the exemption in §1101-A(3)(ii). Vacated and remanded.

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