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  • In Re: S.M.

    Publication Date: 2018-01-16
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0024

    Order for continued involuntary commitment reversed where the certified record contained insufficient evidence to support the initial involuntary commitment, and where evidence of behavior during commitment was insufficient to support a finding that the committed individual would pose a danger to herself or others without continued commitment. Order of the trial court reversed.

  • DeCesare v. Decesare

    Publication Date: 2018-01-16
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0009

    Married parties entered into an enforceable contract to repay funds they borrowed from their minor childs account, but the parties past practices indicated that they always used marital funds, not separate assets, to repay such debts. The court released funds held in escrow from the sale of husbands pre-marital residence, because the agreement to repay funds to the trust account was a marital obligation.

  • United Envtl. Group, Inc. v. GKK McKnight, LP

    Publication Date: 2018-01-16
    Practice Area: Environmental Law
    Industry: Construction | Energy
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0030

    Trial court erred in holding that appellants CASPA claims were foreclosed as a matter of law because those claims were never tried before any factfinder but trial court properly declined to enter JNOV on appellees assertion a sales agreement made seller of property responsible for the environmental cleanup because the evidence allowed the jury to conclude that the parties agreed to alter their contract. Reversed in part, affirmed in part.

  • Carson Concrete Corp. v. Tax Review Bd. City of Philadelphia

    Publication Date: 2018-01-16
    Practice Area: Tax
    Industry: Construction | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Simpson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0015

    The City of Philadelphia Tax Review Board did in err in finding that the Citys audit assessment properly imposed wage tax liabilities upon appellant where the company failed to establish that it used subcontractors during the audit period. The court affirmed in part a trial court order.

  • Siddoway v. GSK

    Publication Date: 2018-01-16
    Practice Area: Products Liability
    Industry: Pharmaceuticals
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0028

    Court granted drug manufacturers motion for summary judgment because plaintiffs could not meet their burden of showing proximate cause in their action for negligence, strict liability, failure to warn, breach of warranties and violation of Utahs consumer protection sales act based on manufacturers alleged failure to warn of the increased risk of heart attack from its drug. Motion granted.

  • Feliciano v. Coca-Cola Refreshments USA, Inc.

    Publication Date: 2018-01-16
    Practice Area: Civil Rights | Labor Law
    Industry: Food and Beverage
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Rufe
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0020

    Gender discrimination claims permitted to proceed where employees allegations permitted inference of reprimand based on employees failure to conform with behavioral gender stereotypes and allegations that opposite gender was given more favorable treatment. Defendants motion to dismiss denied in part and granted in part.

  • Wells Fargo Bank, N.A. v. Premier Hotels Group, LLC

    Publication Date: 2018-01-16
    Practice Area: Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0025

    Trial court erred in granting summary judgment in favor of appellee bank in dispute over mortgage foreclosure and note because the only support in the record for finding events of default was in appellees assistant vice presidents affidavit and the trial courts apparent reliance on that affidavit was a violation of the Nanty-Glo rule. Reversed.

  • Weinar v. Lex

    Publication Date: 2018-01-16
    Practice Area: Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0032

    Trial court properly confirmed arbitration award under Pennsylvania law because appellants arguments that the FAA preempted state law and the issue was barred by res judicata failed but the trial court erred in sustaining appellants preliminary objections to appellees complaint because the trial court ignored appellees preliminary objections in response. Affirmed in part and vacated in part.

  • Commonwealth v. $34,440.00 U.S. Currency

    Publication Date: 2018-01-16
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1914

    Under the presumption set forth at 42 Pa.C.S.§6801(a)(6)(ii) of the Controlled Substances Forfeiture Act, proof of proximity of cash and controlled substances is sufficient to establish the substantial nexus necessary for forfeiture; however, the intermediate court erred in finding that the acts innocent owner defense was claimants only method for rebutting that presumption. The high court affirmed in part and reversed in part

  • Commonwealth v. Scott

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Regulation
    Industry:
    Court: Superior Court
    Judge: Judge Moulton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1900

    Trial court erred in treating unlicensed concealment of firearm as strict liability offense, when statute required a culpable mental state. Judgment of sentence reversed, case remanded for new trial.