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ACS171921, LLC v. Pa. Liquor Control Bd.

Publication Date: 2017-10-24
Practice Area: Administrative Law
Industry: Food and Beverage
Court: Courts of Common Pleas, Adams County
Judge: Judge Wagner
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1515

The Reading Township Board of Supervisors reasons for denying applicants request for approval of an intermunicipal transfer of a liquor license pursuant to 47 P.S. 4-461(b.3) were not supported by substantial evidence where there was no objective evidence that granting the request would be contrary to the health, safety and welfare of the citizens of the township.
Lomas v. Kravitz

Publication Date: 2017-10-17
Practice Area: Civil Appeals | Civil Procedure | Contractual Disputes
Industry: Construction
Court: Supreme Court
Judge: Justice Baer
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1554

Recusal motion untimely when filed six weeks after party admitted learning of facts that could support their motion.
Office of Disciplinary Counsel v. Helzlsouer

Publication Date: 2017-10-17
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1567

Respondent was suspended for a period of three months because he violated RPC 1.1 and RPC 1.3 by failing to take action in his clients civil case to enjoin a non-judicial eviction for breach of contract.
Guenot v. Motis Energy

Publication Date: 2017-10-17
Practice Area: Employment Litigation
Industry: Energy
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Gray
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1483

A former employee failed to state sufficient facts to support a claim for fraud in the inducement where there was no evidence of a false statement or an intent to mislead.
Commonwealth v. DeSciscio

Publication Date: 2017-10-17
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Lovecchio
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1482

Defendant waived the right to challenge his consent to a blood test that led to charges of driving under the influence by failing to file his motion to suppress in a timely fashion in the wake of the U.S. Supreme Courts decision Birchfield v. North Dakota. The court denied defendants motion to suppress without holding a hearing.
Commonwealth v. Jacoby

Publication Date: 2017-10-17
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1557

Residential search warrant lacked probable cause where it was unsupported by tailored, individualized facts regarding the subject of the search indicating that evidence relating to the crime would be found at the residence, but such error was harmless where other evidence overwhelmingly established guilt.
Breslin v. Mountain View Nursing Home, Inc.

Publication Date: 2017-10-17
Practice Area: Health Care Law | Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Musmanno
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1552

Plaintiffs amended complaint sufficiently pled a claim of corporate negligence against the defendant nursing home where the five factors set forth Althaus v. Cohen, as applied here.
Commonwealth v. Washington

Publication Date: 2017-10-17
Practice Area: Criminal Law | Evidence
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Presiding Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1512

The trial courts rulings in a criminal case regarding eyewitness identification, demonstrative evidence and expert testimony were not in error, and defendant was not entitled to relief from the sentence imposed.
Commonwealth v. Powell

Publication Date: 2017-10-17
Practice Area: Criminal Law | Evidence
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1558

Suppression of wiretap evidence not warranted where police adopted reasonable intercept minimization plan requiring monitors to switch off and spot check.
Commonwealth v. Rose

Publication Date: 2017-10-17
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 17-1559

Detective erroneously permitted to testify as to meaning of street language where not a participant in the conversation, or qualified as an expert.

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