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  • Commonwealth v. McClellan

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0134

    The DNA evidence produced at trial strongly implicated defendant as a possessor of a gun found in the basement of his approved residence and the fact that other family members may have also handled the gun did not preclude defendants constructive possession. The court affirmed defendants judgment of sentence.

  • Latzanich v. Sears Roebuck and Co.

    Publication Date: 2018-02-13
    Practice Area: Consumer Protection
    Industry: Retail
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0122

    Defendant was entitled to summary judgment where plaintiff failed to allege sufficient facts regarding rescission, misrepresentation, unfair trade practices, or breach of express or implied warranty involving the sale of a used lawnmower.

  • In the Interest of: J.P., a minor

    Publication Date: 2018-02-13
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0137

    Foster parent lacked standing to intervene in dependency hearing, after being decertified as a foster parent and failing to take any steps toward adoption, but was merely entitled to notice of hearing and an opportunity to be heard. Order of the trial court affirmed.

  • Graphic Styles/Styles Intl LLC v. Vinnies Intl Hong Kong Custom Tailors

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Copyrights
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Joyner
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0141

    Plaintiff permitted to attempt service by international certified mail, return receipt requested, where service under Hague Convention unsuccessful and foreign jurisdiction did not prohibit service by certified mail. Plaintiffs motion for leave to effect service by alternative means granted in part.

  • Philadelphia Entertainment & Dev. Partners, L.P. v. Commonwealth

    Publication Date: 2018-02-06
    Practice Area: Bankruptcy | Regulation
    Industry: Entertainment and Leisure
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Greenberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0115

    Bankruptcy court erred in holding that the Rooker-Feldman doctrine barred it from considering trustees fraudulent transfer claims over the revocation of debtors slot machine license because bankruptcy court applied the doctrine too broadly in finding that trustees claims required the federal courts to void the state court order revoking the license. Reversed.

  • Shearer v. Hafer

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive
    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.

  • Venosh v. Henzes

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0098

    Plaintiff delayed in seeking to re-schedule a discovery deposition of a doctor in a medical malpractice case, but the court allowed the discovery anyway because it found no prejudice to defendants. The court denied other discovery that was unrelated to the malpractice action.

  • Stange v. Janssen Pharm., Inc.

    Publication Date: 2018-02-06
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: Superior Court
    Judge: Judge Elliot
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0117

    Defendant drug companies were not entitled to JNOV in plaintiffs failure to warn action because plaintiffs expert used a generally accepted scientific process to conclude that defendants drug caused plaintiffs gynecomastia, the trial court properly instructed the jury on combined negligence and properly refused to instruct the jury on plaintiffs future damages claim and the evidence fully supported the jurys decision but the coordinating judge erred in granting a global motion barring punitive damages claims. Affirmed in part, r

  • Agre v. Wolf et al

    Publication Date: 2018-02-06
    Practice Area: Election and Political Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Smith
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0103

    The plaintiffs lawsuit, filed under the Elections Clause of the U.S. Constitution and seeking a declaratory judgment that the state legislature exceeded its authority under the federal constitution when it enacted a congressional redistricting plan, was not justiciable because the court could not assume the roles of state and federal legislatures. The court entered judgment for defendants.

  • Commonwealth v. Tyrrell

    Publication Date: 2018-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0108

    Minor sexual abuse victim properly permitted to testify via CCTV where trial court heard testimony from treating psychotherapist that victim suffered from depression and PTSD, feared facing her abuser in court, and accordingly would be negatively impacted in her ability to testify by defendants presence. Judgment of sentence affirmed.