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Publication Date: 2024-03-15
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Powell
Attorneys: For plaintiff:
for defendant:
Case Number: 01837
Defendant appealed the court's order finding in favor of plaintiff and against defendant in plaintiff's action to eject defendant from residential property. The court concluded that its decision should be affirmed where defendant claimed the existence of a written "rent" agreement, but evidence adduced at trial demonstrated that the parties never arrived at a complete agreement.
Publication Date: 2024-03-08
Practice Area: Land Use and Planning
Industry: Real Estate | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 1081 C.D. 2021
Zoning board erred in denying use variance on grounds property could theoretically be used for zoned purpose when record evidence demonstrated the neighborhood's character had changed to an industrial use. Order of the trial court reversed and remanded.
Publication Date: 2024-03-08
Practice Area: Labor Law
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 1298 C.D. 2022
Claim that union discriminated against non-member in failing to fairly represent her during grievance proceedings did not implicate unfair labor practices under the Public Employee Relations Act. Order of the trial court reversed, case remanded.
Publication Date: 2024-03-08
Practice Area: Election and Political Law
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Butts
Attorneys: For plaintiff:
for defendant:
Case Number: CV-23-00544
The Lycoming County Board of Elections petitioned to consolidate two voting precincts into a single precinct. The court denied the petition where posted notices of the proposal lacked statutorily-required information, namely the number of registered electors in each precinct.
Publication Date: 2024-03-08
Practice Area: Employment Litigation
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Dumas
Attorneys: For plaintiff:
for defendant:
Case Number: 1487 C.D. 2022
Board appropriately found claimant was disqualified for unemployment compensation benefits, where he was discharged for willful misconduct for refusing COVID-19 vaccination or weekly testing, because employer's policy was reasonable and claimant failed to establish good cause for his failure to comply with the policy. Affirmed.
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Authors: Peter C. Ward
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Publication Date: 2024-03-08
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 23 CV 1793
Defendants filed motions to compel supplemental responses to defendants' requests for production of documents and an authorization for release of social security administration records in a medical malpractice suit alleging the improper administration of opioid medication in defendants' emergency room. Motions granted in part and denied in part.
Publication Date: 2024-03-08
Practice Area: Real Estate
Industry: Real Estate
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 941 C.D. 2022
Trial court erred in finding a private road because there was no allegation in the complaint or any evidence in the record demonstrating that the road was ever laid out and opened as a private road pursuant to the Private Road Act and use alone did not establish a private road or create an easement. Reversed.
Publication Date: 2024-03-08
Practice Area: Litigation
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 8231-CV-2022
Plaintiff sued defendant for recovery of personal property in defendant's possession. The court issued a writ of seizure in plaintiff's favor where she established her probable right to possession of personal property items left at defendant's residence after she vacated at defendant's request.
Publication Date: 2024-03-08
Practice Area: Expert Witnesses
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2941
Defendants moved to strike plaintiffs' expert witness report and testimony regarding the extent to which plaintiffs suffered trauma from alleged racial discrimination experienced at defendants' property. The court granted in part and denied in part defendants' motion to strike, concluding the expert's reasoning, in light of the testing that he performed, did not allow him to testify that the trauma symptoms he observed in individual plaintiffs were linked to the alleged discrimination that took place at defendants' park.
Publication Date: 2024-03-08
Practice Area: Banking and Finance Laws
Industry: Financial Services and Banking
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Ranjan
Attorneys: For plaintiff:
for defendant:
Case Number: 2:20-CV-1960
Defendant bank moved for summary judgment on plaintiff's breach of contract and promissory estoppel claims over money defendant withdrew from his account after plaintiff was the victim of a fraud and court found defendant acted consistently with its account-holder agreement in attempting to assist plaintiff in recovering his money. Motion granted.
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