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Joers v. City of Philadelphia et al

Publication Date: 2018-01-30
Practice Area: Civil Procedure | Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1857

Where plaintiffs requests for admissions were deemed admitted due to defendants failure to comply with Pa.R.Civ.P. 4014, defendant was no entitled to post-trial relief based on its untimely assertion that the driver of the vehicle that struck plaintiff was not in the course and scope of her employment. The court recommended affirmance of its order denying defendant post-trial relief.
Metz v. Bethlehem Area Sch. Dist.

Publication Date: 2018-01-30
Practice Area: Education Law | Labor Law
Industry: Education | State and Local Government
Court: Commonwealth Court
Judge: Judge Pellegrini
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0086

Board properly terminated tenured teacher when a urinalysis drug screening tested positive for cocaine metabolites because district had reasonable suspicion to test teacher after district received a copy of a letter between two attorneys in petitioners custody proceeding which contained specific and reliable information about a court order and petitioners positive drug test results. Affirmed.
Jenkins v. Fayette County Tax Claim Bureau

Publication Date: 2018-01-30
Practice Area: Real Estate | Tax
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0085

Trial court properly set aside an upset tax sale because the law required a property owner to be given notice and an opportunity to cure and property owner credibly testified that she attempted to pay the taxes three days before the sale and her payment was refused. Affirmed.
In re: M.R.F., III

Publication Date: 2018-01-30
Practice Area: Civil Procedure | Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Acker
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0010

Petitioners, the foster care parents of a minor child, had no standing to intervene in this dependency proceeding where the goal of reunification with mother was never changed and mother never consented to her childs permanent placement with petitioners. The court denied petitioners motion to intervene.
Grimm v. Workers Compensation Appeal Bd. (Fed. Express Corp.)

Publication Date: 2018-01-30
Practice Area: Administrative Law | Labor Law
Industry: Transportation
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0081

Spouses fatal claim petition for dependency benefits denied where surviving spouse had moved out of marital residence and divorce proceedings had been filed, and where surviving spouse had greater income and paid substantial living expenses for deceased spouse. Order of the WCAB affirmed.
Carl J. Grecco, P.C. v. Dept. of Labor and Indus.

Publication Date: 2018-01-30
Practice Area: Administrative Law | Corporate Entities | Labor Law
Industry: Legal Services
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0002

Shareholder distributions made to sole shareholder and officer of S-corporation subject to UC taxation, where service as corporate officer constituted employment under the UC Law, and where distributions from S-corporations were taxable under federal employment tax law. Order of the Department of Labor and Industry affirmed.
In re: Estate of Kuntz

Publication Date: 2018-01-30
Practice Area: Civil Procedure | Discovery | Trusts and Estates
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1860

The court held estate counsel in civil contempt and imposed sanctions where counsel failed to appear and provide testimony at a scheduled deposition in accordance with a subpoena without providing any legitimate reason for failing to appear. The court granted petitioners motion for sanctions and contempt order.
Dorvilus v. Workers Compensation Appeal Bd. (Cardone Indus.)

Publication Date: 2018-01-30
Practice Area: Administrative Law | Civil Procedure | Labor Law
Industry: Automotive | Manufacturing
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0082

Petition for reinstatement of disability benefits was untimely and without basis where prior award of disability compensation had been reversed by the WCAB, thereby leaving no award of benefits to reinstate. Order of the WCAB affirmed.
Connelly Construction Corp. v. Travelers Casualty and Surety Co. of America et al

Publication Date: 2018-01-30
Practice Area: Contracts
Industry: Construction | Insurance
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0078

The defendant general contractor could rely on the affirmative defense of release and waiver where the plaintiff subcontractor knowingly signed monthly releases which clearly and unambiguously relinquished all claims that accrued against the general contractor through the dates of the releases and the general contractor did not waive its reliance on these releases. The court entered judgment for plaintiff on the affirmative defense issue.
Commonwealth v. Henchell

Publication Date: 2018-01-30
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1575

Even though law enforcement officer was later found to have relied on erroneous information in initiating a traffic stop, the officer had a reasonable suspicion based on the totality of the circumstances. The court denied defendants motions to suppress.

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