• Long v. Reccek

    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.

  • Linde v. Linde

    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.

  • Brown v. Teva Pharm., Inc.

    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.

  • Portfolio Recovery Assoc., LLC v. Templin

    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.

  • Kardos v. Armstrong Pumps, Inc.

    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

    Harris County Bench Book 2025

    Authors:

    View this Book

    View more book results for the query "*"

  • Sawyers v. Davis

    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.

  • Thom v. CDM Auto Sales

    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.

  • Battle Born Munitions, Inc. v. Dick's Sporting Goods, Inc.

    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.

  • Conyers v. Easley

    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.

  • Deloreto v. Penn Central Corp.

    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.