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Fennick v. BNM Auto Sales, Inc.

Publication Date: 2018-02-06
Practice Area: Consumer Protection | Damages
Industry: Automotive
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0095

Where plaintiff was awarded treble damages in this consumer protection matter, the court held that the amount of $5,000 was an appropriate attorney fee award based on the amount of time that should have been expended in this matter by counsel, even though plaintiff sought a significantly larger attorney fee award.
Northern Berks Regional Police Com. v. Berk Co. Fraternal Order of Police

Publication Date: 2018-02-06
Practice Area: Dispute Resolution | Labor Law
Industry: State and Local Government
Court: Courts of Common Pleas, Berks County
Judge: Judge Sprecher
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0092

An arbitrator erred in allowing a police officer who had been disciplined for the unauthorized use of the states justice network to return to the force since such a result would necessarily require petitioner to violate laws relating to unauthorized access to protected information. The court vacated an arbitration award.
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: 18-0114

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.
Whalla v. Pennsylvania Liquor Control Bd.

Publication Date: 2018-01-30
Practice Area: Administrative Law | Regulation
Industry: Food and Beverage
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0084

Board properly held that applicants liquor license renewal and revalidation applications for a license he bought at an IRS auction were un-timely because he filed them late, offered no reason for the delay to support nunc pro tunc relief and failed to pay the required filing fee. Affirmed.
Garlick v. Dept. of Transp., Bureau of Driver Licensing

Publication Date: 2018-01-30
Practice Area: Regulation
Industry:
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0083

License suspension for refusal of a blood alcohol test valid even though police did not advise driver of statutorily-mandated, but constitutionally-invalidated enhanced criminal penalties for refusal of testing. Order of the trial court affirmed.
Township of Bristol v. 1 Enterprises, LLC

Publication Date: 2018-01-30
Practice Area: Creditors' and Debtors' Rights | Real Estate
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Colins
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0087

Trial court properly awarded $200,000 for the value of a condemned property and properly awarded township credit for the $140,000 it made in lien payments because townships argument that condemnee lacked standing. Affirmed.
Nova Sign Group v. Bunting Graphics, Inc.

Publication Date: 2018-01-30
Practice Area: Contracts | Dispute Resolution
Industry: Advertising | Construction | Entertainment and Leisure
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Glazer
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0046

The plaintiff subcontractor waived its claims for certain unpaid invoices against the defendant subcontractor where it already pursued such claims in arbitration and the arbitrator determined that the claims arose due to an act or omission of the property owner and, thus, were not arbitrable under the parties contract. The court recommended affirmance of its order granting defendant summary judgment.
Rutyna v. Schweers

Publication Date: 2018-01-30
Practice Area: Expert Witnesses | Legal Malpractice
Industry: Health Care | Legal Services
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0036

Trial court abused its discretion in denying appellants request for a continuance after appellants found out that their expert witness was unable to testify less than three weeks before trial and they were unable to secure a competent witness who would have sufficient time to prepare his testimony for trial because the trial court thus determined the outcome of appellants case. Reversed.
Smith v. Workers Compensation Appeal Bd.

Publication Date: 2018-01-30
Practice Area: Administrative Law | Labor Law
Industry: Food and Beverage | Retail
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0034

Board erred in reasoning that it was the claimants burden to prove that all five jobs identified by a vocational counselor were not open in evaluating employers modification petition but board correctly found the two positions for which claimant was given an interview were open and in modifying claimants benefits. Affirmed.
In the Mixx, LLC v. Womelsdorf et al

Publication Date: 2018-01-30
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fox
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0045

The court denied petitioners request for the appointment of a conservator under the Abandoned and Blighted Property Conservatorship Act where the evidence established that the current owner acquired the property within six months of the filing of the petition. The court recommended affirmance of its order denying a petition for appointment of conservatorship.

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