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  • Commonwealth v. Diehl

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1517

    Defendant voluntarily consented to blood draw and he was not subjected to any coercion or duress to obtain his consent. The court denied defendants motion to suppress.

  • Commonwealth v. Edwards

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1916

    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.

  • Commonwealth v. Castro

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lycoming
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1516

    A search warrant requesting specifically described photos and videos for a period of approximately one calendar year was not temporally overbroad. The court denied defendants motion to suppress.

  • Commonwealth v. Adams

    Publication Date: 2018-01-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0059

    The trial court did not err in denying defendants motion to dismiss charges based on double jeopardy grounds where the evidence supported the trial courts credibility finding that both the police and prosecutorial misconduct that led to a mistrial was unintentional. The appellate court affirmed the trial courts judgment of sentence.

  • Commonwealth v. Cline

    Publication Date: 2018-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1915

    The jury properly found defendant guilty of violating the Wiretapping and Electronic Surveillance Control Act where he knowingly and intentionally recorded a courthouse custody conference with his cell phone without the attendees permission, regardless of whether defendant knew the law proscribed such acts. The court affirmed defendants judgment of sentence.

  • Chevalier et al v. General Nutrition Centers, Inc. et al

    Publication Date: 2018-01-30
    Practice Area: Class Actions | Labor Law
    Industry: Retail
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0057

    The defendant employer did not violate the Pennsylvania Minimum Wage Act by calculating the plaintiffs overtime compensation using a fluctuating workweek method, but did violate the law by paying plaintiffs and other managers an overtime premium of only one-half of their the regular rate. The appellate court affirmed the trial courts judgment in part and reversed in part.

  • Busch v. Domb et al

    Publication Date: 2018-01-30
    Practice Area: Consumer Protection | Contracts
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0056

    Finding an intervening change in the law, the district court broke with Third Circuit precedent and followed Pennsylvania state court decisions to hold that the economic loss doctrine did not bar plaintiffs claim brought under Pennsylvanias Unfair Trade Practices and Consumer Protection Law. The court denied defendants motion to dismiss in part.

  • City of Philadelphia v. Zampogna

    Publication Date: 2018-01-30
    Practice Area: Insurance Law | Motor Vehicle Torts
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0058

    The states Motor Vehicle Financial Responsibility Law was not amended to restore a public employers right to subrogate Heart and Lung Act benefits; therefore, the trial court did not err in granting declaratory judgment in favor of respondent, an injured police officer who received benefits under the act as well as a settlement in a third-party tortfeasor action. The court affirmed the judgment in favor of respondent.

  • Berner v. Montour Twp. Zoning Hearing Bd. et al

    Publication Date: 2018-01-30
    Practice Area: Administrative Law | Land Use and Planning
    Industry: Agriculture | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0079

    A zoning board erred in finding that the language of a zoning ordinance requiring proof of an absence of adverse impact upon adjacent properties was subjective and vague and, therefore, objectors bore the initial burden of proof and persuasion on the issue rather than the special exception applicant. The appellate court reversed a trial court decision affirming the boards grant of a special exception.

  • Coaldale Borough v. Delaney

    Publication Date: 2018-01-30
    Practice Area: Dispute Resolution | Labor Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0080

    The trial court erred in granting Coaldale Boroughs petition to quash a police chiefs request for arbitration since the dispute over the injured officers service-related disability pension was arbitrable under the high courts recent ruling in City of Arnold v. Wage Policy Committee of Arnold Police Dept. The appellate court reversed an order granting the Boroughs petition to quash an arbitration request.