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  • In re: M.A.C.

    Publication Date: 2024-05-24
    Practice Area: Health Care Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 373 WDA 2023

    Appellant challenged the trial court's order denying his petition to expunge his involuntary mental health commitment under the Mental Health Procedures Act. The court affirmed, holding that the evidence was sufficient to support appellant's commitment where a responding police officer opined that appellant was a clear and present danger to others, but the evidence available to an examining physician indicated appellant required commitment for medical evaluation and treatment because he was a clear and present danger to himself.

  • Montemuro v. Jim Thorpe Area Sch. Dist.

    Publication Date: 2024-05-24
    Practice Area: Government
    Industry: Education | State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Jordan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1866

    Defendant school board members appealed the district court's denial of their motion to dismiss plaintiff's suit on the basis of qualified immunity. The court affirmed, holding that defendants were not entitled to qualified immunity where plaintiff claimed he was removed from his elected office of school board president, to which he had a clearly established property right, without notice in violation of his constitutional rights.

  • Mayer v. Halkias

    Publication Date: 2024-05-24
    Practice Area: Creditors' and Debtors' Rights
    Industry: Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-00,531

    The court denied defendant's post-trial motion for reconsideration of the court's order granting plaintiff's motion for summary judgment on a complaint of mortgage foreclosure.

  • Commonwealth v. Copenhaver

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 854 MDA 2022

    Although trial court erred in admitting multi-layer statements under tender years exception without assessing reliability of each layer, such error was harmless as the statements were cumulative of trial testimony and there was other overwhelming evidence of defendant's guilt. Judgment of sentence affirmed.

  • Commonwealth v. Dourlain

    Publication Date: 2024-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Beck
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1005 WDA 2023

    Trial court erred in finding Ohio's physical control of a vehicle while under the influence statute was substantially similar to Pennsylvania's DUI statute for purposes of grading a subsequent offense where Ohio's statute proscribed conduct not covered by Pennsylvania's DUI law. Judgment of sentence vacated, case remanded.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Pettit v. Commonwealth Dep't of Transp.

    Publication Date: 2024-05-24
    Practice Area: Administrative Law
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 661 C.D. 2023

    Commonwealth appealed the trial court's sustaining of licensee's statutory appeal from a driver's license suspension imposed after licensee's refusal to submit to chemical testing for driving under the influence. The court reversed and remanded with directions for reinstatement of licensee's driver's license suspension where the trial court erroneously characterized Commonwealth's evidentiary proffer of implied consent Form DL-26A to be inadmissible hearsay not subject to a hearsay exception.

  • Pruette v. Egan-Jones Ratings Co.

    Publication Date: 2024-05-24
    Practice Area: Damages
    Industry: Financial Services and Banking
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Schmehl
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-3734

    Plaintiffs sought summary judgment on the issue of damages in their breach of contract action against defendant. The court granted the motion to the extent plaintiffs sought recovery of past unpaid commissions on the basis of a self-generated accounting report that calculated the commissions due. The court denied the motion to the extent plaintiffs sought lost future commissions because the calculation of such commissions was properly the subject of expert testimony.

  • Qin v. Vertex, Inc.

    Publication Date: 2024-05-24
    Practice Area: Employment Litigation
    Industry: Software
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Rendell
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-1031

    Appellant appealed the district court's summary judgment dismissal of his employment discrimination claims against his former employer. The court vacated in part and remanded for trial on appellant's remaining claims, holding that plaintiff offered sufficient circumstantial evidence of disparate treatment and retaliation to survive summary judgment.

  • Brookins v. City of Philadelphia

    Publication Date: 2024-05-24
    Practice Area: Civil Rights | Social Media
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Kearney
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 24-470

    The court denied defendants' motion to dismiss plaintiff's municipal liability claim under 42 U.S.C. §1983 for failure to maintain policies or training concerning the privacy rights of family members of decedents and intentional infliction of emotional distress.

  • ABEC, Inc. v. Eat Just, Inc.

    Publication Date: 2024-05-24
    Practice Area: Contractual Disputes
    Industry: Food and Beverage | Manufacturing
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 23-cv-1091

    Plaintiffs moved to dismiss defendants counterclaims in a breach of contract action and court found defendants sufficiently averred a breach of contract, the integration clause posed no problem at this stage but defendants' replevin and conversion claims failed under the gist-of the-action or bootstrapping doctrines and the economic loss doctrine and court declined to enter a declaratory judgment as to the execution of certain amendments to the contract. Motion granted in part and denied in part.