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  • Commonwealth v. McCarthy

    Publication Date: 2018-02-20
    Practice Area: Civil Procedure | Criminal Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0168

    Commonwealth could introduce evidence of deteriorating condition of elderly victims home to refute defendants denial of criminal intent in spending the assets of the victims estate. Judgment of sentence affirmed.

  • V.C. v L.P.

    Publication Date: 2018-02-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0176

    Trial court erred in holding grandmother in contempt for failing to abide by its custody order because the trial court lacked subject matter jurisdiction over the case, where the New York court that issued the original custody decree asserted exclusive, continuing jurisdiction over the matter and trial court thus lacked the authority to find grandmother in contempt. Reversed.

  • Commonwealth v. VanDivner

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0169

    Death sentence vacated where appellant presented sufficient evidence at pretrial hearing to support finding that he was intellectually disabled and therefore ineligible for death penalty. Judgment of sentence of death vacated, life sentence imposed.

  • A.M.D. v. T.A.B.

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Elliott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0163

    Contrary to defendants assertion, petitioner was not required to demonstrate that defendant committed criminal harassment to secure a protection from intimidation order in accordance with the Protection of Victims of Sexual Violence or Intimidation Act. The appellate court affirmed the trial courts order.

  • Sterling Fuels & Logistics, LLC v. Parker Realty Corp.

    Publication Date: 2018-02-20
    Practice Area: Constitutional Law | Landlord Tenant Law
    Industry: Energy | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0159

    Landlords were required to return all of their tenants personal property, because prior Pennsylvania case law held that the distraint provision of the Landlord and Tenancy Act was unconstitutional.

  • Brown v. Wetzel et al

    Publication Date: 2018-02-20
    Practice Area: Constitutional Law | Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0165

    The trial court properly dismissed plaintiffs Eighth Amendment conditions of confinement claim on the basis that he did not suffer any injury, as required by the Prison Litigation Reform Act, where he sought compensatory and punitive damages rather than injunctive relief to prevent future harm. The appellate court affirmed the trial courts dismissal order.

  • Williams v. Sweet Home Healthcare, LLC

    Publication Date: 2018-02-20
    Practice Area: Class Actions | Labor Law
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schiller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0178

    Plaintiffs met the requirements for certification of a rule 23 class action in their case asserting that home health care agencies failed to properly pay their workers overtime under the FLSA and the PMWA. Motion granted.

  • DeNaples v. Pennsylvania Gaming Control Bd.

    Publication Date: 2018-02-13
    Practice Area: Corporate Entities | Regulation
    Industry: Entertainment and Leisure | Hospitality and Lodging
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0140

    Anti-distribution provision imposed by gaming control board against principal licensee following dismissal of perjury charges arising from license application also applied to licensees businesses and precluded them from doing business with licensees casino. Order of the Pennsylvania Gaming Control Board affirmed.

  • Williams v. Wetzel

    Publication Date: 2018-02-13
    Practice Area: Administrative Law | Civil Rights
    Industry:
    Court: Commonwealth Court
    Judge: Judge Brobson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0150

    The court overruled DOCs preliminary objections to petitioners claim that he was removed from his prison work position without his due process rights because petitioners actions violated at least two DOC policies and his misconduct was the impetus for his removal from his job and while the DOC had the discretion as to whether or not to issue a DC-141 misconduct report, it could not use the removal pro-cedures for removal in situations other than misconduct in DC-ADM 816 §1.M.7 to remove an inmate based on what amounted to work-re

  • Morley v. Farnese

    Publication Date: 2018-02-13
    Practice Area: Election and Political Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0148

    Common pleas court correctly dismissed plaintiffs action alleging wrongful use of civil proceedings and abuse of process in defendants petition to set aside plaintiffs nomination petition for a primary election because under existing case law at the time defendants filed their petition, they had probable cause as a matter of law. Affirmed.