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  • JB Convenience Center, LLC v. Burgher et al

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Damages | Landlord Tenant Law | Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Djerassi
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0119

    The plaintiff tenant failed to demonstrate that injunctive relief was warranted in this landlord/tenant matter where the potential harm tenant might suffer from the sale of a leased property could be adequately compensated by money damages. The court recommended affirmance of its order granting injunctive relief.

  • Park v. Commonwealth

    Publication Date: 2018-02-13
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0149

    Trial court did not abuse its discretion in denying drivers statutory license suspension appeal because drivers argument that she was confused by officers allegedly conflicting statements failed since officer read the DL-26 form to her and did all he was obligated to do to warn her of the consequences of her refusal, her Birchfield challenge was waived and her pre-arrest breath test did not satisfy the protocol for chemical testing. Affirmed.

  • Shearer v. Hafer

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0077

    Superior court erred in considering appellants appeal of the trial court order disallowing the presence of appellants counsel during the standardized portion of a neuropsychological examination because the order was not an appealable order as of right under Pa.R.A.P. 313 where the order met only one of the three prongs of the collateral order doctrine. Vacated.

  • Commonwealth v. Edwards

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0133

    While the listing of the races and genders of prospective jurors on a peremptory strike sheet did not per se violate the Equal Protection Clause of the Fourteenth Amendment as interpreted by the U.S. Supreme Court in Batson v. Kentucky, defendant established a Batson violation by showing that the commonwealth struck at least one potential juror with discriminatory intent. The appellate court vacated defendants judgment of sentence and remanded.

  • Ekeland v. Molinari

    Publication Date: 2018-02-13
    Practice Area: Contracts | Real Estate
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0127

    Plaintiff failed to prove the existence of a valid oral contract, but she was entitled to relief under her theory of unjust enrichment for contributions plaintiff made toward improvements to defendants residence.

  • Fertig v. Kelley et al

    Publication Date: 2018-02-13
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: Insurance
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0091

    The court denied the defendant insurers request to bifurcate or sever plaintiffs underinsured motorist claim and bad faith claim and to stay any discovery or other proceedings relating to plaintiffs bad faith as a matter of judicial economy but chose to bifurcate the issues for trial. The court granted in part and denied in part a motion to bifurcate.

  • Moody v. Lehigh Valley Hosp.- Cedar Crest

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0147

    Trial court abused its discretion in refusing to consider evidence presented by administrators of decedents estate to refute the alleged oppressiveness of venue in Philadelphia. Reversed.

  • Commonwealth v. Wheatle

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0126

    Criminal defendant was entitled to habeas corpus relief on a robbery charge, but not on a charge for theft by unlawful taking.

  • Lowman v. Unemployment Compensation Bd. of Review

    Publication Date: 2018-02-13
    Practice Area: Administrative Law | Labor Law | Transportation
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0146

    The board erred in finding that claimant was disqualified for benefits under §402(h) when he began driving for Uber while awaiting the determination of his claim because the board incorrectly framed the analysis as claimant was either self-employed or an employee of Uber and focused on claimants relationship with Uber rather than on whether claimant took any steps to establish an independent business. Re-versed.

  • Johnson v. Keystone Quality Transp. Co.

    Publication Date: 2018-02-13
    Practice Area: Employment Litigation
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0145

    Court denied defendants motion for summary judgment in plaintiffs gender discrimination, hostile work environment, and retaliation action based on her supervisors sexual harassment and physical assault because defendants counsel admitted the existence of genuine issues of material fact with respect to each element of plaintiffs hostile work environment claims and there was no evidence in the record to support defendants self-serving testimony that plaintiff abandoned her job. Motion denied.