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512 results for '* topic:"Civil Procedure"' You can use Search Constraints to get even better search results
Publication Date: 2019-11-25
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1338
Plaintiffs' nuisance and trespass claims against their neighbor, which arose from the neighbor's purported failure to care for trees, were barred by the applicable statutes of limitations where plaintiffs acknowledged they were aware of the alleged tree problem nine years before filing suit. The court granted defendant's motion for summary judgment.
Publication Date: 2019-11-18
Practice Area: Civil Procedure
Industry: Construction
Court: Superior Court
Judge: Judge Olson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1366
Trial court erred when it ordered appellants to respond to appellee's discovery in aid of execution requests during the pendency of the stay of execution since appellants' supersedeas bond triggered a stay of execution on the judgment. Vacated.
Publication Date: 2019-11-11
Practice Area: Civil Procedure
Industry: Health Care | Pharmaceuticals
Court: U.S. District Court for Pennsylvania - Eastern
Judge: Judge Bartle
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1323
Plaintiff correctly argued that where defendants filed a notice of removal in the federal court before being served with the complaint but filed a copy of the notice of removal in the state court after they were served, removal was not completed when defendants were served. The court granted plaintiff's motion to remand.
Publication Date: 2019-11-11
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Linhardt
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1277
Plaintiff's complaint in this credit card debt collection action complied with Pa.R.Civ.P. 1019 where the allegations therein were sufficient to provide defendant with notice of the claim and establish the facts essential to support that claim. The court overruled defendant's preliminary objections.
Publication Date: 2019-11-11
Practice Area: Civil Procedure | Personal Injury
Industry: Chemicals and Materials | Manufacturing
Court: Superior Court
Judge: Judge Gantman
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1309
Trial court erred when it precluded the use of decedent's deposition testimony and affidavit during summary judgment proceedings in an asbestos case because appellant, as non-movant, could use decedent's properly executed affidavit as part of the record in opposition to appellees' motions for summary judgment and the deposition testimony met a hearsay exception. Summary judgment vacated, order reversed and remanded.
Law Journal Press | Digital Book
Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner
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Publication Date: 2019-11-04
Practice Area: Civil Procedure | Personal Injury
Industry:
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1301
Trial court erred in dismissing appellant's personal injury action against car driver for improper service because appellant offered sufficient evidence that he complied with the manner of service in Pa.R.C.P. 403, 404 and 405 to shift the burden to driver who offered no evidence refuting appellant's evidence that service complied with the rules. Vacated.
Publication Date: 2019-11-04
Practice Area: Civil Procedure
Industry: Automotive | Retail
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1306
Trial court abused its discretion in denying appellant's motion to correct the name of appellee auto sales company in the caption and text of a default judgment. Reversed.
Publication Date: 2019-11-04
Practice Area: Civil Procedure
Industry: Retail
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Fischer
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1288
Plaintiff failed to demonstrate good cause to permit an untimely amendment to its complaint, which sought to convert this straightforward breach of contract case to a class action, or to show that the delay in bringing the motion would not prejudice defendant, which had already defended the case through discovery and mediation. The court denied plaintiff's motion for leave to amend its complaint.
Publication Date: 2019-10-28
Practice Area: Civil Procedure
Industry:
Court: Courts of Common Pleas, Lehigh
Judge: Judge Reichley
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1250
Where plaintiff elected to proceed pro se in a small claims case against defendant for damages arising from a motor vehicle accident and secured a judgment in her favor, she was barred by res judicata from asserting claims that arose from the same accident against the same defendant which were or could have been raised in the small claims matter. The court granted defendant's motion for summary judgment.
Publication Date: 2019-10-14
Practice Area: Civil Procedure
Industry: Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge New
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1189
Where the facts of record made it clear that plaintiff's Federal Employer's Liability Act claim had no relation to Philadelphia and that Rhode Island was a more appropriate venue, there were enough weighty reasons to overcome plaintiff's choice of forum. The trial court recommended that the appellate court remand.
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