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In Re: Estate of Scarpaci

Publication Date: 2018-01-23
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0066

Pending divorce action was not a basis for forfeiture of spousal share where grounds for divorce had not been establish where decedent had not filed his affidavit of consent to no-fault divorce, and where decedents removal from marital residence was not spouses refusal to support. Order of the orphans court reversed.
Del Ciotto v. The Pennsylvania Hosp. of the University of Penn Health Sys.

Publication Date: 2018-01-23
Practice Area: Dispute Resolution | Medical Malpractice | Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge Solano
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0064

Trial court erred in compelling arbitration for wrongful death claim where decedents relative did not sign nursing home arbitration agreement in his individual capacity. Judgment vacated, arbitration award vacated in part.
Northeastern Eye Inst. v. Unemployment Compensation Bd. of Review

Publication Date: 2018-01-23
Practice Area: Administrative Law | Civil Procedure | Employment Litigation
Industry: Health Care
Court: Commonwealth Court
Judge: Judge Cosgrove
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0069

Board erred in applying the mailbox rule to employers assertion that it never received the notice of hearing regarding claimants first hearing because there was no evidence of record or testimony demonstrating that the notice was signed in the regular course of business and placed in the regular place of mail. Vacated.
VMDT Partnership v. City of Philadelphia Historical Commn

Publication Date: 2018-01-23
Practice Area: Civil Appeals | Civil Procedure | Government
Industry: Real Estate
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Fletman
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0047

The court had jurisdiction to hear an appeal from a decision by a city historical commission to place property on the national register of historical places, because the commissions decision affected the property rights of owners. The court concluded the commission did not err in placing the subject property on the register.
Commonwealth v. Torres

Publication Date: 2018-01-23
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0063

Trial court erred in failing to suppress evidence seized pursuant to a search warrant of a home, where the supporting affidavit failed to provide probable cause to believe that connecting evidence would be found at the home as the defendant and the instrument of crime were seized at the scene. Judgment of sentence vacated, remanded for new trial.
Moore v. Rite Aid HDQTRS Corp.

Publication Date: 2018-01-23
Practice Area: Class Actions | Labor Law
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0060

Employers decision to revoke offer of employment made before time period in notice of background check to employee insufficient to confer standing under Fair Credit Reporting Act. Defendants motion to dismiss granted.
SCF Consulting, LLC v. Barrack, Rodos & Bacine

Publication Date: 2018-01-23
Practice Area: Contracts | Fee Disputes
Industry: Investments and Investment Advisory | Legal Services
Court: Supreme Court
Judge: Justice Saylor
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0073

Superior court erred in upholding the lower courts decision on the unenforceability of appellant non-attorneys fee splitting agreement with appellee attorneys because the action was not per se barred by the violation of rule 5.4 of the rules of professional responsibility since the conduct rules ought not be interposed into substantive law. Reversed.
Price v. Foremost Indus., Inc.

Publication Date: 2018-01-23
Practice Area: Contractual Disputes | Corporate Entities
Industry: Construction
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0070

Court found that plaintiffs failed to allege any facts justifying veil piercing or showing control in their breach of contract action against shareholder and his company that allegedly acquired and controlled the construction company that failed to build the modular home plaintiffs contracted for and plaintiffs other claims for unjust enrichment, misrepresentation and violations of the UTPCPL were also inadequate. Motion to dismiss granted.
Commonwealth v. Smith

Publication Date: 2018-01-23
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0062

Consent to warrantless blood alcohol test was constitutionally firm where driver was not warned of criminal penalties for refusal of consent. Judgment of sentence affirmed.
In the Interest of: L.B., a minor

Publication Date: 2018-01-23
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Moulton
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0067

Mothers prenatal drug abuse could serve as predicate act of child abuse if proven that drug use intentionally, knowingly, or recklessly caused or created reasonable likelihood of bodily injury to unborn child once born. Order of the trial court reversed, case remanded.

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