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Commonwealth v. Yong

Publication Date: 2018-02-06
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0107

Collective knowledge doctrine applicable to justify arrest where arresting officer was working in coordination on execution of search warrant obtained by another officer possessing probable cause for defendants arrest. Order of the superior court reversed.
Blue Ribbon Packaging Corp. v. Hughes et al

Publication Date: 2018-02-06
Practice Area: Civil Procedure | Landlord Tenant Law
Industry: Real Estate
Court: Courts of Common Pleas, Berks County
Judge: Judge Sprecher
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0088

The court granted intervenors request for temporary injunctive relief without conducting a hearing due to its schedule in order to maintain the status quo amid contradictory allegations where none of the parties sought a hearing from the emergency motions judge or reconsideration of its order. The court recommended affirmance of its order granting injunctive relief.
Rong v. Blumfield

Publication Date: 2018-02-06
Practice Area: Attorney Compensation | Employment Litigation
Industry: Legal Services
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0097

Defendants post-trial motion was properly denied where plaintiff provided sufficient evidence for the jury to find a breach of contract and conversion with respect to an attorney origination fee.
Bay Harbor Marina Ltd. Partnership v. Erie Co. Bd. of Assessment Appeals et al

Publication Date: 2018-02-06
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0100

The trial court erred in holding that appellants, who leased property from a commonwealth agency known as the Erie-Western Pennsylvania Port Authority, lacked standing to challenge the denial of tax immunity status but properly found that the public purpose exemption did not apply to the leased parcels given their use. The appellate court affirmed in part, reversed in part and remanded.
Schweiter v. Township of Radnor

Publication Date: 2018-02-06
Practice Area: Civil Rights | Personal Injury
Industry: State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Heffley
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0116

Plaintiffs failed to state a claim for a state-created danger under the due process clause of the fourteenth amendment in their §1983 action for their sons injuries after he was swept into a storm water culvert while playing because plaintiffs failed to sufficiently plead any of the four elements of a state-created danger claim. Dismissed.
Public Utility Commn v. Sunrise Energy, LLC

Publication Date: 2018-02-06
Practice Area: Energy and Natural Resources | Public Records
Industry: Energy
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0113

OOR erred in deciding that PUC had to turn over emails in response to a RTKL request because OOR failed to determine on an individual basis whether the emails constituted attorney work product of either the PUC or energy company whose counsel received and sent some of the emails and energy company had to be invited to participate and be given the opportunity to protect its interests. Vacated and remanded.
Allison v. Workers Compensation Appeal Bd.

Publication Date: 2018-02-06
Practice Area: Administrative Law | Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0104

A workers compensation judge lacked jurisdiction to hear claimants appeal of a utilization review determination where the physician who treated claimant did not provide the required medical records to the assigned utilization review organization. The court affirmed a Board determination reversing a WCJs holding.
Exeter Twp. v. Pennsylvania Labor Relations Bd.

Publication Date: 2018-02-06
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0076

PLRB erred in failing to remove zoning officer from unit certification for collective bargaining purposes due to municipalitys failure to present evidence of actual duties, where legislatures statutory imposition of managerial duties upon zoning officers obviated need to present evidence of actual duties. Order of the Pennsylvania Labor Relations Board reversed.
Cnty. of Allegheny v. Workers Compensation Appeal Bd. (Parker)

Publication Date: 2018-02-06
Practice Area: Administrative Law | Labor Law
Industry: State and Local Government
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0109

Workers Compensation Act did not authorize an order providing for reimbursement of unreasonable contest counsel fees, even where the employer was later ruled to have a reasonable basis to contest liability. Order of the commonwealth court reversed.
The Huntington Natl Bank v. County of Lawrence, Bd. of Assessment Appeals

Publication Date: 2018-02-06
Practice Area: Tax
Industry: Financial Services and Banking | Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0094

Where the parties experts in a tax assessment proceeding were both equally credible, the court concluded that the fair market value of the property was between the values presented by the parties experts.

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