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Publication Date: 2024-04-05
Practice Area: Trusts and Estates
Industry: Education
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 5 WAP 2023
Charitable foundation appealed the denial of its motion to terminate a trust and court found orphans' court acted within the discretion afforded it by 20 Pa.C.S. §7740.3(e) and foundation failed to satisfy the high standard for termination in §7740.3(e). Affirmed.
Publication Date: 2024-04-05
Practice Area: Labor Law
Industry: Education
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 90 MAP 2022
Associations of teacher's unions had associational standing to challenge Public School Employees' Retirement Board's resolution that created confusion over the applicability of the withdrawal liability statute in specific circumstances. Order of the commonwealth court reversed, case remanded.
Publication Date: 2024-04-05
Practice Area: Products Liability
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Surrick
Attorneys: For plaintiff:
for defendant:
Case Number: 21-729-RBS
Defendant gun manufacturer moved to dismiss plaintiff's strict product liability, negligence, breach of implied warranty of merchantability, breach of express warranty and negligent and intentional infliction of emotional distress claims after unexpected discharge of the weapon and court found plaintiff's proffered experts' testimony on causation was inadmissible and he could not prove an alleged defect in the pistol caused his injury. Motion granted.
Publication Date: 2024-04-05
Practice Area: Consumer Protection
Industry: Construction
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Johnson
Attorneys: For plaintiff:
for defendant:
Case Number: 2022-C-0713
The court entered judgment in favor of plaintiff homeowner after an assessment of damages hearing following entry of default judgment against defendant contractor. The court ruled defendant breached the parties' agreement for labor and general contracting services, as well as Pennsylvania consumer protection laws, thereby entitling plaintiff to treble damages and reasonable attorney fees.
Publication Date: 2024-04-05
Practice Area: Criminal Law
Industry:
Court: Supreme Court
Judge: Justice Mundy
Attorneys: For plaintiff:
for defendant:
Case Number: 71 MAP 2023
Appellant appealed her adjudication as delinquent for posting an Instagram live video of another child's under breast and court found 18 Pa.C.S. §6321(g) did not require exposure of the nipple to meet the definition of "nudity." Affirmed.
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Authors: Stephen Fishman
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Publication Date: 2024-04-05
Practice Area: Landlord Tenant Law
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 550 C.D. 2023
Trial court correctly granted judgment to tenant where landlord's responses concerning the status of the lease and tenant's acquisition option at the end of the lease term were evasive or misleading, meaning tenant did not have notice of its rights until after filing suit. Judgment of the trial court affirmed.
Publication Date: 2024-04-05
Practice Area: Employment Litigation
Industry: Legal Services | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 277 C.D. 2023
Claimant appealed board's finding as to her medical conditions and the restriction of the counsel fee award and court found board did not err in affirming WCJ's finding that claimant did not suffer from lateral epicondylitis but did err in affirming WCJ's award of a counsel fee restricted to a percentage of claimant's indemnity benefits only. Motion granted in part and denied in part.
Publication Date: 2024-04-05
Practice Area: Tax
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Wojcik
Attorneys: For plaintiff:
for defendant:
Case Number: 1243 C.D. 2022
Trial court improperly dismissed property tax appeal upon application of the mailbox rule where county board offered no evidence that alleged scheduling notices had been mailed to taxpayer. Order of the trial court vacated and remanded.
Publication Date: 2024-04-05
Practice Area: Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 2023 CV 2324
Defendant in an automobile accident case challenged the wantonness, recklessness, and stand-alone punitive damages claims via demurrer and moved to strike impertinent matter in the complaint. Objections sustained in part and overruled in part.
Publication Date: 2024-04-05
Practice Area: Civil Rights
Industry: State and Local Government
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Scirica
Attorneys: For plaintiff:
for defendant:
Case Number: 18-1868
District court erred in refusing to apply the relation-back doctrine where it had already granted a good cause extension for service under Rule 4(m). Order of the district court vacated, case remanded for further proceedings.
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