• Albee v. Albee

    Publication Date: 2024-03-01
    Practice Area: Business Torts
    Industry: Consumer Products
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Sanchez
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-3984

    Plaintiff brought a shareholder derivative action against defendants for usurpation of corporate opportunity and related claims. The court found in favor of plaintiff upon trial, concluding plaintiff's son, as majority shareholder in the family business, usurped corporate opportunity and breached his fiduciary duties by unilaterally diverting a project from the family business to his own company.

  • Castillo v. Pennsylvania State Police (Office of Open Records)

    Publication Date: 2024-03-01
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 398 C.D. 2022

    Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.

  • Brand Design Co., Inc. v. Rite Aid Corp.

    Publication Date: 2024-03-01
    Practice Area: Contracts
    Industry: Retail | Software
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-1174

    Court rejected motion to exclude damages expert's report where defendants' objections to the report went to weight and credibility rather than fit and reliability. Defendants' motion to exclude denied, parties' motions to seal granted.

  • LVNV Funding, LLC v. Brown

    Publication Date: 2024-03-01
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5843 CV 2023

    Defendant filed preliminary objections to plaintiff's complaint for collection of a delinquent credit card account. The court denied defendant's preliminary objections in part, concluding plaintiff's complaint was sufficiently specific where an exhibit depicted all pertinent purchases and payments to the account, with details regarding dates and locations where purchases were made, and the complaint included a copy of plaintiff's alleged written account agreement. The court granted the preliminary objections in part and dismissed plai

  • Howarth v. Falls Twp.

    Publication Date: 2024-03-01
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 447 C.D. 2021

    Trial court erred in granting summary judgment in favor of township in appellant's action over storm water discharge from a pipe onto appellant's property because court found township did not refute appellant's evidence the new pipe increased the volume of water flowing onto the property, the Political Subdivision Tort Claims Act did not immunize township and there was a material question of fact as to plaintiff's common law negligence claim. Reversed.

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    Authors: Stephen Fishman

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  • Toland v. Pennsylvania Bd. of Probation & Parole

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Commonwealth Court
    Judge: Judge Jubelirer
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 315 M.D. 2018

    Petitioner and parole board argued discovery issues in petitioner's challenge to the denial of his 2017, 2018 and 2019 parole applications and court found the 2022 parole denial did not make the action moot, confidentiality regulation was not a per se bar to the production of documents in a parolee's file, board did not show the criminal history record information act applied and court dismissed board's objections to interrogatories as boilerplate. Motions granted in part and dismissed in part.

  • Papariello v. Absolute Resolutions Inv.

    Publication Date: 2024-03-01
    Practice Area: Consumer Protection
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-314

    Defendant moved for summary judgment in plaintiff's Fair Debt Collection Practices Act action asserting use of deceptive and misleading representations to collect a debt and court found plaintiff's assertions, that affidavits defendant relied on were made without personal knowledge, failed because declarants indicated their familiarity with the information addressed in their declarations in a manner sufficient for court to treat them as qualified witnesses. Motion granted.

  • Commonwealth v. Umoh

    Publication Date: 2024-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1464 WDA 2022

    Court could impose direct criminal contempt against criminal defendant who displayed emotional outburst after the reading of the verdict in defiance of the court's express instruction to maintain decorum, where such behavior in open court could undermine the court's authority. Judgment of sentence affirmed, case remanded for correction of clerical error.

  • Fini v. Park Place of E. Bradford Cmty. Ass'n

    Publication Date: 2024-03-01
    Practice Area: Real Estate
    Industry:
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 16 C.D. 2023

    Planned Community Act entitled association to assess its legal fees incurred in attempting to enforce parking regulations upon unit owners. Order of the trial court affirmed.

  • Gun Owners of Am., Inc. v. City of Philadelphia

    Publication Date: 2024-03-01
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1069 C.D. 2022

    City ordinance regulating firearms parts or machinery used to fabricate firearms was not preempted by the Uniform Firearms Act as parts and machinery did not constitute "firearms" under the statute. Order of the trial court affirmed.