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Burgauer v. Mike Perrotta Contractor, LLC

Publication Date: 2017-10-10
Practice Area: Contractual Disputes | Corporate Entities
Industry: Construction
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1508

The gist of the action doctrine precluded several tort claims against a contractor where the parties had a written contract for the removal of asbestos tiles and replacement of the roof, but tort claims for fraudulent inducement and negligence based on violation of a societal duty were not barred by that doctrine.
Baron v. Commonwealth, Dept. of Human Services

Publication Date: 2017-10-10
Practice Area: Public Records
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Simpson
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1533

In this case of first impression, the court held that petitioner, a document requester seeking to enforce a disclosure order issued under the Right-to-Know Law, could not enforce the order while it was being considered on appeal. The court sustained respondents preliminary objections in the nature of demurrer and dismissed the mandamus petition with prejudice.
Staton v. Bd. of Probation and Parole

Publication Date: 2017-10-10
Practice Area: Constitutional Law | Criminal Appeals
Industry:
Court: Commonwealth Court
Judge: Judge Cosgrove
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1546

The court granted counsels petition to withdraw because counsels no-merit letter met the technical requirements of Turner/Finley and convicted parole violators claims that the board did not have the authority to alter his judicially-imposed sentence beyond his original maximum term.
Zuber v. Boscovs

Publication Date: 2017-10-10
Practice Area: Employment Litigation
Industry: Retail
Court: U.S. Court of Appeals for the Third Circuit
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1542

Trial court erred in holding that the compromise and release of appellants workers compensation claim barred his FMLA and common law claims because the ordinary meaning and structure of the C&R was a specific and limited release.
In re Petition of Adams

Publication Date: 2017-10-10
Practice Area: Land Use and Planning | Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leavitt
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1541

Access to private road was permitted where construction of other access was infeasible and therefore rendered inaccessible property that had also been opened for public hunting, such that use of the private road would serve public purposes. Order of the trial court affirmed.
Commonwealth v. Napold

Publication Date: 2017-10-10
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Strassburger
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1536

Failure to object to introduction of evidence of blood draw refusal rendered issue waived for appeal even where new rule of law concerning blood draw refusals was promulgated following trial and during pendency of appeal. Judgment of sentence affirmed.
Weikel v. Weikel

Publication Date: 2017-10-10
Practice Area: Attorney Rates and Arrangements | Civil Procedure | Discovery | Family Law
Industry:
Court: Courts of Common Pleas, Berks County
Judge:
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1397

Husband was not entitled to a modification of alimony pendente lite based on wifes alleged conduct in delaying the proceeding, because husband acquiesced in any such delays.
Estate of Ware v. Hospital of the Univ. of Pa.

Publication Date: 2017-10-10
Practice Area: Personal Injury
Industry: Health Care
Court: U.S. Court of Appeals for the Third Circuit
Judge: Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1538

Allegation that decedent contracted fatal cancer due to exposure to radioactive source material rendered claims subject to federal jurisdiction under the Price-Anderson Act. Summary judgment affirmed.
Devon Serv., LLC v. S & T Realty

Publication Date: 2017-10-10
Practice Area: Civil Appeals | Real Estate
Industry: Real Estate
Court: Superior Court
Judge: Judge Platt
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1537

Trial court did not err in considering sales price in fixing fair market value of foreclosed properties for deficiency judgment, where trial court also considered other factors addressed by parties appraisers, including condition of property, rental history, and below-asking price offers. Order of the trial court affirmed
Commonwealth v. Bennett

Publication Date: 2017-10-10
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Steinberg
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1423

The court denied a criminal defendants motion to dismiss where the offenses involved in the instant case were not logically or temporally part of the same criminal episode.

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