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  • Constitution Party of Pa. v. Cortes

    Publication Date: 2018-01-09
    Practice Area: Constitutional Law | Election and Political Law
    Industry:
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1905

    District courts lack of fact-finding and determination factors required vacatur of injunction imposing county-based signature requirements upon minor party candidates for ballot access, where determining constitutionality of a county-based requirement was a fact-intensive process. Order of the district court vacated, case remanded.

  • In re Estate of Caruso

    Publication Date: 2018-01-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1909

    Trial court erred in relying on the dead mans act to grant summary judgment in favor of executrix in appellants action seeking specific performance of a partnership agreement and a declaration that a purported merger of the partnership into a LLC was null and void because appellant produced sufficient evidence in the form of documents to raise a genuine issue of material fact as to whether the partnership continued and the validity of the merger did not hinge on appellants ability to testify. Reversed.

  • Golab v. Knuth

    Publication Date: 2018-01-09
    Practice Area: Civil Procedure | Motor Vehicle Torts
    Industry:
    Court: Superior Court
    Judge: Judge Musmanno
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1908

    Trial court properly terminated appellants case for lack of activity under rule 1901 even though there was no local rule implementing rule 1901 at the time because the lack of a local rule did not render the court powerless, the court complied with the minimum standards for notice set out in rule 1901(c) and the trial court was not required to hold an evidentiary hearing as to appellants reasons for her delay. Affirmed.

  • Commonwealth v. Matulewicz

    Publication Date: 2018-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Steinberg
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1861

    Defendant failed to demonstrate that the two-year delay between the occurrence of the alleged crime and her arrest prejudiced her by impeding her ability to mount a defense to the charges asserted by the commonwealth. The court denied defendants omnibus pretrial motion.

  • Stouffer v. City of Reading

    Publication Date: 2018-01-09
    Practice Area: Land Use and Planning | Real Estate
    Industry: Real Estate | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1894

    The court granted defendants motion for summary judgment in plaintiffs §1983 action seeking damages for the loss of his building as well as for personal property in the building after city ordered demolition of the building as a threat to public safety when part of the front of the building collapsed because plaintiff never identified a policy, custom or practice of the city that caused any constitutional violations, plaintiff took ad-vantage of his post-deprivation remedies and nothing in that process was inadequate and it was just

  • Fallon v. Mercy Catholic Med. Ctr. of Southeastern Pa.

    Publication Date: 2018-01-09
    Practice Area: Civil Rights | Health Care Law | Labor Law
    Industry: Health Care
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Roth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1906

    Objection to employer hospitals vaccination requirement for employees not religious in nature, and therefore not subject to protection, where alleged religious beliefs were mere rejection of scientific consensus rather than an attempt to address deep questions. Order of the district court affirmed.

  • Clemmer v. Fayette Cty. Tax Claim Bureau

    Publication Date: 2018-01-09
    Practice Area: Tax
    Industry: Real Estate | State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1895

    The trial court did not err in setting aside an upset sale of taxpayers property where the Fayette County Tax Claim Bureau failed to make reasonable efforts to locate the imprisoned taxpayer after a certified mailing was returned unclaimed. The appellate court affirmed the trial courts order setting aside the tax sale.

  • City of Philadelphia v. Righter

    Publication Date: 2018-01-02
    Practice Area: Corporate Entities | Tax
    Industry:
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1886

    Trial court erred in imposing city parking tax liability on former corporate officer under trustee ex maleficio doctrine, where evidence demonstrated that former officer lacked responsibility or control over disbursement of corporate funds to pay taxes. Order of the trial court reversed.

  • Fifth St. Auto Parts, Inc. v. Stanley Convergent Security Solutions, Inc.

    Publication Date: 2018-01-02
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Automotive
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Anders
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1877

    The court properly dismissed a breach of contract matter where the plaintiff waived the right to dispute defendants preliminary objection based on the statute of limitations, and where the face of the complaint indicated the claim was time-barred.

  • H.J. v. Delaplaine McDaniel School

    Publication Date: 2018-01-02
    Practice Area: Education Law | Personal Injury
    Industry: Education | State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1890

    Court granted defendants motion to dismiss in childs action against school and school officials for her injuries when she was attacked and beaten by a bully at school because the school took no action that would sustain a state-created danger theory and she asserted no credible school policy or custom to support a Monell theory of liability. Motion to dismiss granted.